BECKLEY – The federal government filed an answer in a lawsuit against it and Raleigh General Hospital over allegations the hospital and government were responsible for negligence that occurred during a child's birth.
The government denied the plaintiffs' claims and argued the plaintiffs failed to state a claim upon which relief can be granted, according to the answer filed in U.S. District Court for the Southern District of West Virginia.
"The United States has not waived its sovereign immunity to entitle the plaintiffs to a right to a jury trial under the Federal Tort Claims Act, and, therefore, the plaintiffs’ demand for a jury trial against the United States must be stricken pursuant to 28 U.S.C. § 2402 and other applicable federal law," the answer states.
Chase Fadlevich and Brandy Fadlevich, individually and on behalf of their son, W.F., filed a complaint against Raleigh General Hospital, the federal government and 10 unknown and unnamed individuals in U.S. District Court for the Southern District of West Virginia.
The Fadleviches allege that the defendants failed to follow the standard of care for a patient with hypertensive disorder in pregnancy.
The government specifically denies each and every allegation of plaintiffs' complaint and argues that it did not proximately cause the injuries and damages alleged in the complaint, and, because of that, the complaint should be dismissed.
"The negligence of the plaintiffs, if not the sole and proximate cause of the injuries and damages alleged in the complaint, contributed to the injuries and damages alleged in the complaint, and, therefore, this defendant is entitled to a proportionate reduction in any recovery, if any, for the plaintiffs for the injuries and damages alleged in the complaint," the answer states.
The plaintiffs allege that on June 15, 2016, Brandy Fadlevich received medical care from the defendants for the delivery of W.F.
Complications arose during delivery and W.F. was diagnosed with convulsions of a newborn and microcephaly on or about Feb. 8, 2017, the suit states.
The plaintiffs allege they have suffered and will continue to suffer economic and noneconomic damages they claim could have been avoided had the defendants followed a standard of care.
The Fadleviches hold the defendants responsible because the defendants allegedly failed to emergently deliver W.F., failed to adequately monitor W.F. for fetal well-being, failed to accurately interpret electronic fetal monitoring tracing and failed to appreciate that W.F. was likely to be born depressed.
The plaintiffs request a trial by jury and seek judgment against the defendants, jointly and severally, for all damages, civil penalties, attorney’s fees, costs, interest and all other relief as justice requires. They are represented by Scott S. Segal and C. Edward Amos II of The Segal Law Firm in Charleston, and Stephen F. Cain of Stewart Tilghman Fox Bianchi & Cain, PA in Miami, Florida.
The government is represented by U.S. Attorney Michael B. Stuart and Assistant U.S. Attorney Fred B. Westfall Jr.
U.S. District Court for the Southern District of West Virginia case number 5:19-cv-00046