The lawsuits both name the medical center; West Virginia University Hospital Inc.; Shenandoah Women’s Health Center; Shenandoah Community Health Center; Shandoah Midwives; Dr. Avinash Purohit; Tracy Swalm; Sara Spurgeon; Shelly Palkovic; Rebecca Pfender; Dr. Sarah Hardy; and Sonya Justice as defendants in the suit. One of the suits also lists the United States as a defendant.
The United States sought to remove both lawsuits to federal court on April 28. One of the lawsuits was initially filed Feb. 16, while the second was filed April 11 in Berkeley Circuit Court.
Kayla Butts filed the lawsuits on behalf of her minor daughter, A.F.
In 2013, Butts became pregnant with A.F. and was treated by various healthcare providers at Shenandoah Women’s Health Clinic, according to the complaints.
On Sept. 8 and 13, 2013, Butts was admitted to City Hospital for preterm contractions and was admitted on Sept. 30, 2013, to WVU Hospitals with nausea and vomiting.
Butts claims ultimately, she was admitted to Berkeley on Oct. 17, 2013, with a spontaneous rupture of her membranes and her daughter was delivered at 8:50 a.m. with Apgar scores of 2, 4 and 7 and 1, 5 and 10 minutes.
At 8:53 a.m., A.F. was still not breathing properly and there was deep suctioning with small amounts of thick mucus noted, according to the suits.
On Oct. 18, 2013, A.F. suffered at least six periods of apnea and/or desaturation and she was transferred to Winchester Medical Center’s NICU, where she remained for 27 days, according to the suits.
Butts claims A.F. now suffers from severe and permanent brain damage and all of the injuries associated with it.
The defendants failed to properly and timely intubate A.F.; failed to properly and timely conduct laboratory and diagnostic studies of A.F.; failed to properly and timely transfer A.F.; and failed to accurately keep medical records, according to the suits.
Butts claims the defendants was also otherwise negligent and caused her minor child damages.
Butts is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Barry J. Nace of Paulson & Nace; and D. Michael Burke of Burke, Schultz, Harman & Jenkinson.
The defendants are represented by William J. Ihlenfeld II and Erin Carter Tison.
The cases are assigned to District Judge Gina Groh.
U.S. District Court for the Northern District of West Virginia case numbers: 3:16-cv-00053, 3:16-cv-00054