�г��ٸ�

Senior Trial Partner Laurie Annunziato, Partner Adam Brown, and Senior Associate Kristen E. Griffin successfully secured Summary Judgment for MCB’s client, an OB/GYN, in a case alleging failure to properly manage and treat low amniotic fluid and concerning biophysical profile.

��

The plaintiff presented to the hospital with complaints of contractions with back and epigastric pain. A biophysical profile was performed indicating low amniotic fluid and scoring 6 out of 8. MCB’s client physician admitted the plaintiff to the hospital for overnight monitoring and a repeat biophysical profile in the morning. The following morning the plaintiff was reassessed with an unremarkable biophysical profile score of 8 out of 8 and normal amniotic fluid levels. The plaintiff was discharged home with instructions to follow in two days.

��

Two days later, the plaintiff returned with fetal distress. A severely compromised infant was delivered who expired shortly thereafter.

��

�г��ٸ�moved for Summary Judgment on behalf of their client OB/GYN. �г��ٸ�was able to demonstrate that the infant’s injuries resulted from a placental abruption that occurred after the discharge. �г��ٸ�successfully argued that the plaintiff mother had been appropriately observed and monitored with no signs of placental abruption. �г��ٸ�successfully explained the inconsistency in the BPP over the two days. The plaintiffs opposed the motion with an OB/GYN expert affirmation arguing that further monitoring was warranted due to the inconsistent BPPs. �г��ٸ�was able to dismantle plaintiff’s expert affirmation, demonstrating it was entirely speculative and conclusory. The Court granted Summary Judgment, dismissing the case in its entirety.