Daniel Jeck recently achieved a significant settlement on behalf of a stillborn baby that died from being exposed to its mother’s gastric bypass leak towards the end of her pregnancy.
The mother had presented to a local emergency room with an abnormally elevated heart rate, abdominal pain, difficulty breathing and complaints of having vomited brown material “so many times she couldn’t even count.” Mr. Jeck argued the defendants failed to properly consider a ruptured gastric bypass before performing the cesarean section to remove the baby.
Defendants attempted to argue that the baby had died before his mother arrived at the hospital and that what they believed to be the baby’s heartbeat was really the mother’s heartbeat. In rejection of this defense, Mr. Jeck found that there was an undocumented ultrasound that was performed which proved that there was fetal cardiac activity. When the doctors finally ordered a stat Cesarean section, it was too late. An autopsy confirmed that the cause of the baby’s death was due to the baby’s exposure to maternal sepsis secondary to a gastric bypass rupture.
Mr. Jeck settled this case for a confidential amount on the eve of trial. He was prepared to prove that the defendant physicians were negligent and fell below the standard of care for failing to recognize the signs and symptoms of infection and evolving sepsis. He argued that an urgent Cesarean section delivery could have been performed prior to the baby’s demise. In addition to offering an expert in the field of Obstetrics & Gynecology, Mr. Jeck retained a board certified placental pathologist who reviewed the pathology slides and was prepared to give an opinion that the baby died from an unusual transplacental infection he received from his mother as a consequence of her gastric bypass rupture.