Newborn Wrongful Death Lawsuit Results in $1.85M Over Vacuum Extraction

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A Maryland couple was awarded $1.85 million last week in a birth injury lawsuit filed over the death of their son after a doctor negligently used vacuum extraction during delivery.

The newborn wrongful death lawsuit was filed by Sandra and John Ketterman against Dr. Leonard Bienkowski, alleging that he did not follow the accepted standards of medical care during the birth of their son and did not warn about the dangers associated with vacuum extraction.

The Ketterman’s son, Benjamin, died on July 5, 2005, two days after his birth. During delivery at Frederick Memorial Hospital, Dr. Bienkowski used vacuum extraction when the newborn’s head became wedged in the birth canal.

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Vacuum extraction involves the use of suction on the child’s head to speed up delivery and remove the infant from the birth canal. The process is primarily used when the baby is in distress, which the Ketterman’s argued did not appear to be the case during the birth of their son. They also argued that if they had been informed of the risk associated with vacuum extraction, they would have elected to wait for an emergency cesarean section for the delivery their son.

A jury from Montgomery County, Maryland found Dr. Bienkowski’s negligence resulted in the fatal birth injury and awarded $752,000 for economic damages like medical bills and funeral expenses, $100,000 for Benjamin’s conscious pain and suffering before his death and $500,000 to each parent for their suffering.

Vaginal delivery using a vacuum extractor has slowly replaced the use of forceps in many situations, as they are generally considered safer and reduce the risk of facial nerve damage from forceps. However, severe and potentially life threatening birth injury can still occur with the use of vacuum extraction, most commonly involving bleeding in the area between the skull and the scalp or bleeding inside the child’s skull. This can result in brain damage, developmental problems or cerebral palsy.

Tags: Birth Injury, Cerebral Palsy, Malpractice, Maryland, Medical Malpractice, Wrongful Death
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14 Comments

Lee
My baby boy died six hours after he was born due to severe brain injuries suffered as a result of a vacuum assisted delivery. We were never told the baby was in distress at any time during the birth. At no point did the OB discuss the effects of the vacuum or suggest a c section as an alternative. It is so sad to see all these comments – what will it take to make doctors explain medical options to their patients.
k.c
My baby girl died 17 years ago to the vaccume assist delivery. She was premature 32 weeks gestation and wasn’t in distress and wasnt given the option for c~section. Her brain stem was severed and had severe brain hemorrhage.She didnt even have a chance at life. I didnt get to look my baby in the eyes and see the love we should’ve shared. I love and miss her still so much
Diana
I can not believe that.I been looking for answers for 10 years and now I found it.My son is 10 years old with severe -profound hearing loss (both ears).I had an vacum delivery back in 2004 ,not by my choice .The doctor just did it with no explinations so ever. O my God I feel to kill this” doctor”.I am so angry …:(
Cp
My daughter is 14 and profoundly deaf b/l. I was NEVER informed of the risks associated with using a vacuum assisted device. My daughter need pt/ot for the first year of her life due to developmental delays. Thank GOD she is physically doing well. She has a cochlear implant which enables her to hear and speak well. But if I was informed of the risks I would’ve never accepted it. I believe that could be a reason her hearing loss and delays as An infant. I was young and naive as well. I have learned so much from that experience and I work in the medical field.
T.F.
Our son who is 4 now sustained a sizable hematoma on his scalp as a result of the vacuum extraction. Let me also add that there were 2 pop offs, one where our O.B. literally flew back several feet and fell to the ground (that is how much pressure our newborn sustained to his head). We were told aside from the hematoma (which caused jaundice), that he was healthy. However, his eyes were spinning around after birth, and he would not stop crying after coming home from the hospital. At around 4 months, our pediatricians noted that he had hypertonia. Then by 15 months, they noted that he had developmental delays, no pointing, not looking at people. By 20 months he was diagnosed with autism. Today, he has developmental delays, is non verbal. I believe that his autism is a direct result of the vacuum and played a key role in his case. There was no reason to use vacuum. Our son was in no distress. The only reason our O.B. used it was because the time of my delivery was in the afternoon and he wanted to get back to his busy office after a long delivery. He even got on the phone from the delivery room to tell his office that he was trying to get there as soon as he could. They never offered C-section and it was a totally negligent unnecessary medical intervention that resulted in our son’s autism.
Tom
My daughters daughter died 8 hours after vacuum extraction. Along with a number of other issues the death is under investigation. Skull fracture. I have had more than my share of experiances with arrogance in the medical proffesion. The bad deserve everything they get,…
First time Mother
I lost my first born son 7 hours later after he was born due to the vacuum assisted delivery that had apparently resulted in a fracture in his head and thereafter brain haemorrhage. I was never told of the risks involved in vacuum delivery and was never given the opportunity to make an informed consent of the options available. The ultimate heartbreaker was when the doc told me he would have lived if the doc had done an emergency c-sect.
RW
I am horrified by how similar our experience is to some posted here. Our daughter had a 40 minute vacuum delivery. At the age of 7, she has severe developmental and physical delays. An MRI of her head initially showed enlarged subarachnoid spaces. I am wondering if there is any way to get in touch with some of the parents who have posted here. BTW: The OBGYN told us nothing about the risks.
Sara
To Rebecca: My son is now three years old and when he was born the doctor used the vacuum for no other reason than to rush me so he could move on to more patients. It caused severe jaundice and a caput on the left side of his head. The doctor pulled him out in less than 15 minutes and didn’t even give me a chance to push. My son did not sit up around 9 or ten months and I had to call early intervention. He did everything very late and was eventually diagnosed with a developmental delay and now is showing signs and being evaluated for autism due to nerve damage. I have gone back through the medical records that show no reason for the doctor to do what he did to my son, and the damage it caused. I am turning to a lawyer for help, but in reality, no amount of money can give back what was taken from my son.
rebecca
my niece just informed me that she also had vacuum extraction and her baby is 8 months and dosen’t sit up, his right arm has strength and his left dosen’t, he dose raise his head when on his tummy he eats well, the doc did say hes concerned can anyone out there help with advice thank u you so much Rebecca
Jen
I was not given a “choice” concerning the use of a vaccum extraction & forceps during the delivery of my son in 2007. The consecutive use of each caused severe brain damage and ultimately the death of my otherwise perfect infant. I never once recall anyone in the delivery room informing me of possible risks or offering us an alternative.
Terri
I also had a vacuum extraction with my son 9 yrs ago. He was born with nerve damage in his ears. When he was born, we thought he was deaf, but he just has minor hearing loss, which can get worse over time. I still thank god he is okay. My OB-GYN also did not tell me the risks of the surgery. I cannot say for sure that is the reason, but I don’t know it isn’t.
Heather
To Tracey, I had a perfectly fine vacuum extraction in the birth of my son; my OB never mentioned risks in the procedure, he just said “we need to get this baby out, I’m going to use a vacuum extraction.” Should he have offered me alternatives? yes. Fortunately, all went well in our experience, but I would have also opted for the c-section if I had been aware of my choices.
Tracey
I am amazed that this jury actually believed that an experienced OB-GYN would seriously NOT explain the risks of a vacuum extraction to his patient. I would be interested to hear if there were any witnesses to this fact, other than the bereaved parents. It is lawsuits like this one that will ultimate send women to their PCPs to deliver their babies, because there will be no OB-GYNS left practicing due to the high cost of malpractice insurance.

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