Woman claims obstetrician at fault for son's brain damage

By Kelly Holleran | Jul 16, 2009

The mother of a boy has filed suit against Gateway Regional Medical Center and a doctor, alleging her son was born with severe brain damage after doctors failed to timely perform a C-section when he was being born.

Amanda Tubbs, the mother of Gauge D. Tubbs, claims she was admitted to the hospital as an obstetric patient on Nov. 15, 2002.

But while Amanda Tubbs was delivering her son, hospital employees failed to adequately monitor her condition and failed to inform defendant Dr. Yogendra A. Shah of Amanda Tubbs's certain physical conditions and test results before she delivered, according to the complaint filed July 7 in Madison County Circuit Court.

Employees also failed to adequately supervise the treatment Shah provided to Amanda Tubbs, failed to adequately interpret fetal monitoring strips and failed to initiate appropriate nursing intervention, the suit states.

Shah, who provided obstetric services to Amanda Tubbs from April 2002 until Gauge Tubbs's birth, failed to adequately monitor Amanda Tubbs's pregnancy and labor, failed to adequately interpret fecal monitoring strips, failed to diagnose and properly treat fetal distress and failed to perform a timely C-section.

Because of the employees' and Shah's actions, Gauge Tubbs was born with severe, permanent and irreversible brain damage, suffered loss of a normal life, has experienced and will continue to experience pain and suffering, incurred medical costs, has been permanently deprived of the ability to earn a living, is at an increased risk of future injury and is disfigured, the complaint says.

Because of her son's condition, Amanda Tubbs claims she has lost great comfort and joy in her son's support, livelihood, love, society and companionship.

In the eight-count suit, Amanda Tubbs is seeking a judgment of more than $400,000, plus costs and other relief the court deems just.

She will be represented by Rocco A. Marrese of the Law Office of Rocco A. Marrese in Edwardsville.

Madison County Circuit Court case number: 09-L-707.

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