Couple sue doctor, office after baby was delivered stillborn

By Kelly Holleran | Sep 5, 2008

MORGANTOWN -- A Marion County couple have filed suit against a doctor and a Marion County gynecological office, alleging their child was delivered stillborn because of a deviation of standard care.

Randy E. Stout and Madonna C. Stout filed the suit Aug. 28 in Monongalia Circuit Court. The Stouts claim James M. Holehouse, an employee of Womancare, identified tachycardia, a condition where the heart beats rapidly, in their unborn child named Hayden John Stout.

Holehouse discovered the condition after Madonna went to Fairmont General Hospital on May 26, 2007, with severe abdominal pain, according to the complaint. She was 34 weeks pregnant at the time.

Nothing was done to identify the cause of the baby's tachycardia or Madonna's abdominal pain, according to the lawsuit.

Randy and Madonna claim that after several hours at the hospital, Madonna was discharged and told to rest, drink plenty of fluids and to keep her next regularly scheduled appointment May 29 at Ruby Memorial Hospital and her other scheduled appointment with Dr. Holehouse on May 30.

Madonna remained in severe abdominal pain when she was discharged, according to the complaint.

"Before Ms. Stout could keep either appointment she went to Ruby Memorial Hospital in the early morning hours of May 29, 2007 with the chief compliant of 'no fetal movement since yesterday afternoon,'" the lawsuit states.

Hayden was delivered stillborn at Ruby Memorial Hospital May 30, the Stouts claim.

The cause of Hayden's death was deviation from the standard of care by Holehouse, the lawsuit states.

Because of the stillbirth, the Stouts claim they have sustained injury, sorrow, mental anguish and solace.

They claim they are entitled to compensation of the income of Hayden, the services protection, care and assistance provided by him and reasonable funeral expenses.

They claim that in May 2007 Womancare was not licensed by or certified in West Virginia or any other state to provide health care and was not a healthcare provider.

The Stouts are seeking judgment against Holehouse and Womancare in an amount above the Court's minimum jurisdictional limit as will provide just and fair compensation, prejudgment and post judgment interest, their attorney fees and court costs.

The couple has demanded a trial by jury.

The Stouts are represented by Jacques R. Williams of Hamstead, Williams & Shook in Morgantown.

Monongalia County Circuit Court case number: 08-C-623

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