Texas State Jury Awards Mother $10.3 Million In Medical Malpractice Action For Death Of Baby Whose Skull Fractured By Use Of Forceps During Delivery
On the morning of Dec. 27, 2013, plaintiff Rachel Ann Melancon, 40 weeks and three days pregnant, arrived at The Medical Center of Southeast Texas with contractions. Soon after, plaintiff was put on oxytocin. However, twice during the day the oxytocin was discontinued due to fetal response. At 8:01 p.m., the oxytocin was resumed and increased until after midnight. At around 9:00 p.m., the fetal heart monitor indicated that the baby was distressed. Dr. George Backardjiev allegedly disagreed with the head delivery nurse that the baby was distressed. The nurse reported this to her supervisor, who allegedly confronted Dr. Backardjiev, telling him that the oxytocin should be stopped. Dr. Backardjiev allegedly disagreed, and instead ordered another nurse to increase the dosage.
At around midnight, an expedited vaginal delivery was attempted. Dr. Backardjiev used forceps three times to extract the baby, all of which were unsuccessful. On the second attempt, cracking noises were allegedly heard. After forceps failed to deliver the baby, a Cesarean section was ordered, and Olivia Marie Coats was born at 12:53 a.m. Olivia, who was limp and unresponsive at birth, was diagnosed with hypoxic ischemic encephalopathy (HIE). On Jan. 1, 2014, when Olivia was five days old, she was taken off of life support. Olivia's father, who had been engaged to plaintiff, ultimately committed suicide in March of 2015, allegedly as a result of the emotional toll his child's death took on him.
Plaintiff filed a wrongful death medical malpractice action against Dr. Backardjiev and the Medical Center at Southeast Texas on Aug. 6, 2014, in the Jefferson County District Court, TX, claiming that they were negligent in the delivery of Olivia, which resulted in her death. According to plaintiff's expert, Dr. Backardjiev was negligent in continuing to use the oxytocin when the baby was in distress and nurses should have continued up the chain of command until Backardjiev stopped the oxytocin. Additionally, plaintiff's expert claimed that Dr. Backardjiev's use of the forceps caused three-inch fractures on each side of the baby's skull as well as a cervical vertebra dislocation which damaged the vertebral arteries. The expert further cited literature which prohibited a physician to use his or her leg muscles when applying the forceps and that gentle application was critical. Backardjiev, in one of his forceps attempts, allegedly had his leg on the bed, and nurses testified that they had never seen that much force used with forceps before.
The hospital's expert in obstetrical nursing opined that the nursing staff met the standard of care in the labor and delivery of Olivia and appropriately reported the distress and continued use of oxytocin. The standard of care, according to the expert, did not require the continued reporting up the chain of command. The hospital's pediatric neurology attributed Olivia's injuries and death to Dr. Backardjiev's improper use of the forceps. Dr. Backardjiev's expert in pediatric neurology maintained that the baby's HIE was from a subdural bleed that occurred as a result of the long labor and maternal pushing.
On Aug. 16, 2016, following a trial before Judge Gary Sanderson, the jury found in favor of plaintiff and against defendants, awarding $10,200,575. However, that amount could be reduced to $750,000 pursuant to Texas caps on medical malpractice awards. The jury voted 10-2 and placed 95% of the responsibility on Dr. George Backardjiev and 5% responsibility on the nurses.
Plaintiff was represented by Malachi Daws of the Daws Law Firm. Dr. Backardjiev was represented by Mary Kathleen Evans of Luccia & Evans, LLP. The Medical Center was represented by Curry Cooksey of Cooksey & Marcin, PLLC.