HUNTINGTON — A Kentucky woman is suing Cabell Huntington Hospital and Marshall University Board of Governors alleging her infant was injured during his birth.
Shelby Hanshaw was pregnant in 2017 and was not having any prenatal problems and went to be induced on Sept. 12, 2017, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
After laboring all day on Sept. 13, 2017, Hanshaw was transferred to the operating room on the afternoon of Sept. 14, 2017, where a caesarian delivery was performed. Her child was transferred to NICU with respiratory distress. He was discharged four days later.
Hanshaw claims on Aug. 26, 2019, the child, T.H., was not meeting developmental milestones and was referred to a specialist at Cincinnati Children's Hospital for a cerebral palsy visit.
Sept. 4, 2019, T. H. had his first MRI of the brain without intravenous contrast.
"The primary finding was an asymmetry in myelination with increased signal in the left periatrial and posterior periventricular white matter," the complaint states.
Another brain MRI was performed on June 15, 2020, and it found that myelination was appropriate for the age of the child.
At a July 16, 2020 office visit with Dr. Priya Bolikal, she recommended that T. H. continue with the current therapy, pursue preschool at age 3, and follow up with the cerebral palsy team clinic in six months.
"As the result of the medical treatment and care rendered by Cabell Huntington Hospital, the Marshall University Board of Governors, and their agents, servants and employees, Shelby and T. H., a minor, sustained serious and permanent injuries," the complaint states.
Hanshaw claims the medical professional liability action arises out of the medical care and treatment rendered to her and T. H. by Cabell and Marshall.
T.H. has suffered and will suffer in the future permanent disabilities and injuries; has suffered and will suffer in the future pain of body and mind; incurred and will incur in the future hospital and medical bills and expenses; will incur in the future lost wages; incurred and will incur in the future an impaired capacity to earn an income; incurred and will incur in the future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs; suffered and will suffer in the future the loss of the ability to enjoy life; and was otherwise seriously and permanently injured.
Hanshaw is seeking compensatory and punitive damages. She is represented by Bert Ketchum and Larry Bailey of Greene Ketchum Bailey & Tweel.
U.S. District Court for the Southern District of West Virginia case number: 3:22-cv-00127
