Lawsuit against St. Mary's Medical Center settled, dismissed

HUNTINGTON - A lawsuit against St. Mary's Medical Center over an infant allegedly injured during delivery has been confidentially settled and dismissed.

United Health Professionals Inc. and Dr. Steven S. Brumfield were also named as defendants in the suit.

On Dec. 9, an order approving settlement was filed in the U.S. District Court for the Southern District of West Virginia at Huntington.

The plaintiffs "represented to the court that they have agreed to a final settlement with the defendants for confidential amounts," which were disclosed at a hearing for the case, according to the order.

The plaintiffs agreed to release and discharge the defendants from any and all liability whatsoever arising as a result of the alleged negligence of the defendant, in consideration of the total payments paid by the defendants.

On Aug. 16, 2011, Kayla D. Christy was admitted to St. Mary's in active labor and nursing employees of SMMC and UHP were responsible for monitoring her labor and Alaina L. Christy's fetal status prior to birth, according to a complaint filed March 21 in the U.S. District Court for the Southern District of West Virginia at Huntington.

Kayla Christy and her husband, Kyle Christy, claimed during her labor, Alaina Christy's fetal monitor demonstrated signs of non-reassuring fetal heart rate tracings and the defendants' employees failed to timely recognize, treat and obtain proper consultation for signs of non-reassuring fetal heart rate tracing during the labor.

The defendants failed to timely deliver Alaina Christy and as a result, she suffered in utero distress, according to the suit.

The plaintiffs claimed Alaina Christy suffered a permanent brain injury and other injuries.

The treatment and/or lack of treatment provided by the defendants was negligent and below the standard of care that ordinary prudent nurses, nurse midwives and physicians or other healthcare providers would have exercised under like or similar circumstances, according to the suit.

The plaintiffs claimed that the injuries and damages Alaina Christy suffered means she will likely never be capable of living independently and caused them to incur medical expenses in the approximate sum of $250,000.

As a further direct and proximate result of the negligence of the defendants, the plaintiffs have been deprived the consortium, society and comfort of their daughter, according to the suit.

The plaintiffs were seeking compensatory damages. They were represented by Robert V. Berthold Jr. and Holly G. DiCocco of Berthold Law Firm PLLC.

St. Mary's was represented by Nathan I. Brown, J. Lauren H. Savory and Robert M. Sellards of Nelson Mullins Riley & Scarborough LLP. UHP was represented by D.C. Offutt, Jody M. Offutt and Sonja C. Vital of Offutt Nord & Burchett PLLC. Brumfield was represented by Bernard S. Vallejos and Tamela J. White of Farrell, White & Legg PLLC.

The case was assigned to District Judge Robert C. Chambers.

U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:13-cv-05881