A Texas couple is suing the West Virginia University Hospitals in Monongalia Circuit Court, claiming that due to its negligence during their daughter’s birth, their daughter suffers from severe physical and mental damage.
In late 2009, Jennifer Bollack became pregnant by artificial insemination and was thereafter a patient at West Virginia University, where she received prenatal care from Cheat Lake Physicians. Bollack alleges that in July 2010, she reported leakage of amniotic fluid and was admitted to the hospital. However, because fetal monitoring and a urine test came back normal, Bollack was released and told to follow up with one of the Cheat Lake physicians two days later. When Bollack followed up, she complained of decreased fetal movement, and was scheduled for an induction of labor. The couple’s daughter was finally born just after midnight on July 7, 2010, with no heartbeat or signs of breathing. She was admitted to the Neonatal Intensive Care Unit in critical condition.
Although the Bollacks’ daughter was finally discharged two weeks after birth, she has shown signs of being neurologically delayed, showing both physical and speech deficits. Speech therapists and physical therapists will be required, and the Bollacks’ daughter remains under the care of West Virginia doctors. The Bollacks charge West Virginia Hospitals with failing to provide qualified medical staff to monitor Jennifer Bollack’s labor, failing to properly examine her during labor, failing to read the fetal heart monitor tracings in a timely manner, and failing to perform a Caesarean section in a timely manner.