CHARLESTON – A Mason County couple blames a Charleston obstetrician and gynecologist practice for the stillborn birth of one of their twin sons.
Sarah N. and Jacob C. Sayre individually and on behalf of the estate of Wade Sayre filed their complaint April 10 in Kanawha Circuit Court against David J. Patton MD Inc.
According to the complaint, the Point Pleasant couple learned Sarah was pregnant in the fall of 2020. During an October 28, 2020, appointment with Patton and CNM Deanna Farmer, she learned she was having twins. Farmer noted a “viable di/di twin pregnancy.”
Patton
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Dichorionic (di/di) twins have separate placentas inside the womb, and monochorionic (mono/di) twins share one placenta. Mono/di pregnancies are considered higher risk because of possible complications such as twin-twin transfusion syndrome that involves an imbalance of blood flow between the twins.
During a follow-up visit two weeks later, Patton again noted a “viable di/di twin pregnancy” on an ultrasound. But the complaint says Patton did not evaluate or document the type of dividing membrane between the two amniotic sacs at this visit or any of her visits.
“The type of dividing membrane between amniotic sacs is an essential aspect of determining whether a twin pregnancy is mono/di or di/di,” the complaint states. “Although she was diagnosed with a di/di pregnancy, Sarah actually had a mono/di pregnancy.”
As a result of the misdiagnosis, the plaintiffs say Patton did not refer Sarah to a maternal fetal medicine specialist to monitor the high-risk pregnancy.
On a December 23, 2020, appointment, the twins both were noted to be male. The Sayres named the twins Wade and Weston. On that visit, Nurse Practitioner Molly Steele noted a “viable di/di twin gestation.”
On a February 4, 2021, appointment, PA-C Tara Robinson noted Sarah having a velamentous cord insertion with Weston. That condition is more common in mono/di pregnancies and is associated with unequal sharing, birth weight discordance, pre-term birth and fetal demise.
Still, they say Patton’s office didn’t refer her to an MFM specialist.
On March 19, 2021, Sarah saw Robinson at the office. Both Wade and Weston scored an optimal 8/8 on the biophysical profile. The results also showed Weston had an amniotic fluid amount in the high-normal range.
A week later, Sarah had more testing with Robinson that showed Weston had abnormally high fluid creating a condition called polyhydramnios. A test for Wade indicated an increased resistance to blood flow, and he only scored 6/8 on the BPP. Weston again scored 8/8.
A fetal heart rate test failed to trace both twin’s distinct and separate heart beats. Still, the Sayres say the providers didn’t refer Sarah to an MFM specialist or advise her to go to the hospital. She was told to return to the office three days later.
On that visit, Steele’s ultrasound revealed Wade had no heartbeat and had died in-utero. Sarah was told to go to Charleston Area Medical Center for admission. There, she was monitored by Patton and by an MFM specialist.
Patton’s notes show Wade’s passing was “apparent from TTT (twin-twin transfusion syndrome).”
Sarah was transferred to Ohio State University Wexner Medical Center on April 1, 2021. She gave birth to Wade and Weston the next day. Wade was stillborn.
“Had the defendant acted within the standard of care, Sarah would have been referred to and monitored by an MFM specialist throughout her high-risk pregnancy and received appropriate treatment to facilitate live births of both Weston and Wade,” the complaint states. “Had the defendant and the medical providers it employed acted within the standard of care, Sarah would have been admitted to CAMC on March 26, 2021, and received critical treatment and/or monitoring of both Weston and Wade.”
The Sayres say they have suffered extreme physical, mental and emotional pain and suffering. They accuse the defendant of medical professional liability and loss of parental consortium.
They seek compensatory damages, attorney fees, court costs, expenses and other relief.
The Sayres are being represented by Brian J. Headley and Victoria A. Montoro of Headley Law Firm in Daniel Island, S.C. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 23-C-306
