CHARLESTON — The defendants in a lawsuit alleging negligence for the delivery of a newborn are denying the allegations in the complaint.
Dr. Paul B. Hunter and Charleston Area Medical Center both filed separate answers to the complaint made in Kanawha Circuit Court.
Hunter contends he did not breach any affirmative duty owed to the plaintiff and denies that he proximately caused any injury to the plaintiff.
Charleston Area Medical Center the alleged incidents, injuries and damages that the plaintiff complains of in her filing, if they are negligence, were the result of negligence on the part of persons other than CAMC.
CAMC argues that the plaintiff is barred from recovery against CAMC because of this, according to its answer.
Jessie Mize filed the lawsuit on behalf of her minor child, Oliver Pettry, against Hunter, who was the obstetrician during her pregnancy and delivered Pettry, and Charleston Area Medical Center, where she delivered Pettry, according to a complaint filed in Kanawha Circuit Court.
Mize claims the defendants failed to engage in shared decision-making with Mize and failed to obtain informed consent for multiple attempts at vacuum extraction delivery.
During the vacuum extraction delivery, the defendants pulled Pettry's scalp and a layer of tissue just under his scalp away from his skull during the failed attempts and he suffered a large scalp and subgaleal hemorrhage with large fluctuant swelling of the scalp as a result of their failed attempts.
After his birth by cesarian section, large visible swelling of the scalp was visible and a NICU team was called. Pettry was transferred for intensive cardiac and respiratory monitoring and brain imaging.
Mize is seeking compensatory and punitive damages. She is represented by Tony L. O'Dell and Cheryl A. Fisher of Tiano O'Dell in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 21-C-844