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Mother sues Maryville Women's Center, Oliver Anderson Hospital over baby's brain injuries during delivery

MADISON - ST. CLAIR RECORD

Thursday, November 21, 2024

Mother sues Maryville Women's Center, Oliver Anderson Hospital over baby's brain injuries during delivery

Lawsuits
Colleenjonespipeline

Jones

EDWARDSVILLE – A mother is suing the Maryville Women's Center and Oliver Anderson Hospital for negligence, alleging her child suffered permanent brain injuries during delivery. 

Plaintiff Alyssa Troxtell Weshinskey filed a lawsuit in the Madison County Circuit Court against defendants Maryville Women's Center, P.C. (MWC) and Southwestern Illinois Health Facilities, doing business as Oliver Anderson Hospital, citing negligence and carelessness by its employees.

According to the lawsuit, on July 7, 2021, Weshinskey, an expectant mother at the time, secured the medical services of MWC for the purpose of delivering her baby, Charlotte. Weshinskey states that she had Type 2 diabetes and had never given birth before. 

The lawsuit states that during prenatal treatment, her blood glucose level became elevated and MWC referred her to Washington University/BJC to create a plan to maintain proper glucose levels during delivery. Washington University doctors allegedly labeled her case a high risk" pregnancy. Using that information, MWC prescribed a premature delivery of Weshinskey's child, which was scheduled to take place at Oliver Anderson Hospital on Dec. 29, 2021. Weshinskey had a Jan. 19 due date. 

According to the lawsuit, during her induced delivery, the plaintiff's baby exhibited an unusual heart rate, which may have been an indication of stress caused by fetal acidosis. The information was provided to an obstetrician employed by Oliver Anderson Hospital, but the doctor allegedly prescribed "no new orders" and did not provide any advice to Weshinskey. The lawsuit states that the baby soon exhibited signs consistent with fetal hypoxia. The obstetrician was informed of the complications but still did not appear to examine or treat the plaintiff.

Because of the complications, Weshinskey requested a cesarean section to be performed, the lawsuit states. The obstetrician arrived and allegedly chose to attempt a vacuum extraction of the baby three times instead of performing the requested cesarean procedure. The vacuum extraction reportedly caused the baby to become wedged in the plaintiff's birth canal, causing a delay in the cesarean section which was eventually performed. 

The lawsuit also states that during the induced delivery, there were two failed attempts to administer anesthesia, affecting the bahy's breathing and increasing her heart rate. The anesthesia provider was not informed by the obstetrician about the planned c-section or of the complications surrounding the birth, causing necessary healthcare workers to be late to the surgical delivery of the baby.

According to the lawsuit, the child suffered injury to her brain as a result of improperly addressed acidosis and hypoxia and that she has sustained "permanent and permanently disabling" injuries which will cause "great pain and mental suffering" in the future. The lawsuit claims that the injuries will affect Charlotte's ability to secure employment, impaired her ability to have a normal childhood and life, and will require expensive rehabilitation, therapy and medical care in the future.

Weshinskey is seeking damages in an amount exceeding $50,000, plus court costs. She is represented by attorney Colleen Jones of Cook, Bartholomew, Shevlin, Cook & Jones, LLP in Belleville.

Madison County Circuit Court case number 2022LA000395

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