Mother blames WVU doctors for daughter’s permanent injuries

CHARLESTON – A Gilmer County mother accuses West Virginia University‑affiliated medical providers of malpractice after they improperly treated her newborn daughter for possible sepsis, leading to permanent brain and physical injuries.

The mother, identified only as K.S., filed her complaint July 17 on behalf of herself and her child identified only as S.S. in Kanawha Circuit Court against the WVU Board of Governors.

“This case is yet another example of emergency department physicians employed by the WVU Board of Governors providing horribly inadequate care at local hospitals,” attorney L. Dante diTrapano told The West Virginia Record. “What tragically sets this case apart, however, is that this time a newborn baby was the victim of horrific acts of medical negligence resulting in life-altering permanent injuries that will require lifelong care.

“We plan to bring the family justice.”

According to the complaint, S.S. was born June 15, 2021, at Stonewall Jackson Hospital as Twin B of a 35-week pregnancy “complicated with fetal growth discordance in di-di twin gestation.” At birth, the infant required “positive pressure ventilation and tactile stimulation, and was administered oxygen by nasal cannula,” with APGAR scores of 5 at one minute and 8 at five minutes.

She was life-flighted to Ruby Memorial Hospital in Morgantown, admitted to the neonatal intensive care unit and placed in enhanced droplet isolation because her mother was positive for COVID‑19, received antibiotic prophylaxis with negative blood cultures, was weaned to room air and discharged home on June 30, 2021, according to the complaint.

On July 11, 2021, the mother took the infant to the emergency department at St. Joseph’s Hospital in Buckhannon after the girl was “fussy, congested, warm and had a temperature of 99‑99.5,” according to medical records quoted in the complaint. “However tonight, [S.S.] was not eating and had a rectal temp of 100.3.”

The filing says S.S. was evaluated “by both physical assessment and laboratory testing,” and that her infectious work‑up was “remarkable for elevated white count and chest x‑ray showing multiple opacities.” Although the infant “remained stable throughout her visit,” the complaint says “her abnormal laboratory values and history of fevers were suggestive of sepsis and required further observation, evaluation, and treatment.”

The complaint alleges Dr. Taylor Fisher and other WVU agents failed to respond appropriately to possible neonatal sepsis.

“Dr. Fisher failed to ensure that S.S. received appropriate monitoring and treatment for signs and symptoms of sepsis” and “failed to provide early sepsis prophylaxis by not prescribing empiric antibiotics prior to and upon S.S.’s discharge from the hospital,” the complaint states, adding Fisher “had a duty to impart on S.S.’s mom the significance of the potentially life‑threatening findings and severity of S.S.’s illness; it appears that Dr. Fisher failed to do so.”

The complaint quotes Fisher’s chart notes.

“Discussed that patient is high risk due to early birth and small size,” the notes say. “Risk include meningitis, prolonged hospitalization, sepsis, intubation and of course death. [K.S.] and grandma seem like very reliable parents so I do believe they will return for another fever of 100.3 or higher, decreased po, lethargy, or decreased wet diapers or other concerns. Did discuss they will go AMA just due to concern and high risk.

“Results were discussed with patient. Suitable for discharge and she will follow up with PCP. Prescriptions were held as no clear source for abx and rec hold Tylenol to see if true fever develops.”

The complaint says Fisher let them leave the hospital.

“Given her potentially life‑threatening condition, Dr. Fisher had a duty to attempt to prevent S.S. from leaving the hospital,” the complaint states. “He failed to do so.”

If emergency custody was not possible, the complaint states, Fisher “should have administered a dose of IV antibiotics prior to discharge. He failed to do so.”

Later that same day, K.S. brought S.S. to the emergency department at Ruby Memorial Hospital in Morgantown “for intermittent fever.” The complaint states that S.S. was noted to have chills and fever and that Ruby Memorial records documented her as “pale, somnolent, difficult to arouse and had a weak cry,” with a rectal temperature of 99.1.

While in the Ruby ER, S.S. “became limp, pale in color, and had an apneic episode for which she required ventilation ... Intubation was required.” She was admitted to the pediatric intensive care unit “for hypoxic respiratory failure and hypothermia” and “was diagnosed with meningitis secondary to Group B Strep,” according to the complaint.

The filing says S.S. was “critically ill with acute hypoxic respiratory failure, severe neurologic dysfunction with status epilepticus, and cardiovascular dysfunction requiring high dose pressors secondary to sepsis and meningitis with Group B Strep.” She remained in the Ruby PICU from July 11 until September 8, 2021, during which time she was diagnosed with “meningoencephalitis, bilateral subarachnoid hemorrhage, septic shock, hypoxic respiratory failure, diabetes insipidus and status epilepticus, all of which was proximately caused by Dr. Fisher’s negligent acts and omissions,” the complaint claims.

S.S. ultimately required tracheostomy and G‑tube placement, the complaint states. Because of the need for ventilator support, she was transferred September 8, 2021, to the Children’s Home of Pittsburgh “for continued monitoring, rehabilitation, and caregiver education.”

The complaint says S.S. “sustained severe and permanent physical and neurological injuries and emotional distress that will require lifelong care” and “remains permanently disabled and will require lifelong medical care, therapy, special education services, assistive equipment, environmental modifications, and supportive care.”

K.S. accuses the WVU BOG of negligence in violation of the West Virginia Medical Professional Liability Act. She says the negligent acts have caused severe and permanent physical and neurological injuries to S.S. as well as physical deterioration, pain and suffering, severe emotional distress, loss of enjoyment of life and loss of normal childhood development and activities.

She also says the negligence has caused past and future economic and non‑economic losses, including medical expenses, long‑term care costs, educational and rehabilitative expenses, assistive devices and home modifications as well as loss of earning capacity over S.S.’s lifetime.

K.S. seeks compensatory damages, punitive damages, interest, court costs and other relief.

The plaintiffs are being represented by diTrapano and Timothy D. Houston of Calwell Luce diTrapano in Charleston and by David A Sims of Vienna, W.Va. The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number 26‑C‑841