Ohio man blames Cabell Huntington Hospital for daughter’s death

By The West Virginia Record | Jun 9, 2015



HUNTINGTON - An Ohio man is suing Cabell Huntington Hospital for his daughter's death.

Dr. Carolyn Clark was also named as a defendant in the suit.

On June 23, Chasity Smith arrived at Cabell to be induced to give birth to her daughter, Aspen Smith, according to a complaint filed in Cabell Circuit Court.

Robert Smith of Ironton claims Clark placed an intrauterine pressure catheter on Chasity Smith and noticed bloody amniotic fluid in the face of increased resting tone, a clear sign of placental abruption.

Less than 20 minutes later, fetal bradycardia was documented and the fetal heart rate readings were classifiable as a Category 3 under the ACOG Fetal Heart Rate Monitoring protocol, which required immediate delivery by either operative vaginal delivery or caesarean section, according to the suit.

Robert Smith claims Clark did not call for a caesarean section delivery until approximately 20 minutes later and Aspen Smith was delivered at 6:04 p.m. with severe neurological deficits, metabolic acidosis and no spontaneous respirations.

Perinatal asphyxia was confirmed as well and Aspen Smith was pronounced dead on June 24 at 2 a.m., according to the suit.

Robert Smith claims Clark knew or should have known that Chasity Smith had experienced and was suffering from a placental abruption and breached her duty and deviated from the standard of care by failing to more closely evaluate her and Aspen Smith's condition.

Clark failed to timely deliver Aspen Smith by caesarean section much sooner than actually occurred, according to the suit.

Robert Smith claims the nurses at Cabell failed to more closely evaluate Chasity Smith and Aspen Smith's condition and also failed to timely deliver Aspen Smith by caesarean section.

Robert Smith is seeking compensatory and punitive damages. He is being represented by Christopher J. Regan and J. Zachary Zatezalo of Bordas & Bordas.

The case is assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 15-C-312

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