In 2003, a baby was born in Akron in a home birth after the mother’s doctor advised against it. When a woman has a C-section, that weakens the abdominal muscles, since they have been cut and stitched; therefore it is not a good idea to have any vaginal births after that. Once you have a C-section, it’s best to have them for each subsequent child.

On the other hand, a home birth is so much more comfortable and one’s own home is a far more relaxing place to be during such an exciting and potentially stressful event as childbirth. So this mother, Kelly Moscarello, went ahead with the home birth despite her doctor’s warnings about her previous C-section, and about the baby being too large.

The Birth Outcome

The birth was attended by a midwife and it did not go well. EMS technicians were called, who clamped the baby’s umbilical cord as they sped her to hospital. The baby weighed in at ten pounds and was found to have cerebral palsy, caused by brain damage.

In her distress, Moscarello was convinced the damage was caused by the umbilical cord clamp being premature, reducing oxygen to the baby’s brain. She contacted over 100 lawyers to find one who would file criminal charges against the EMS technicians.

Finally, a court-appointed guardian for the baby brought a suit against Moscarello’s physician, Dr. Kristin Trump. The suit asks for $13 million for lifelong care. It claims that Dr. Trump did not warn Moscarello about the dangers of a home birth. However, a Moscarello deposition transcript quotes her as stating earlier that Dr. Trump did tell her of the risks, and that a nurse had also warned her about them at the time of her previous C-section.

The Doctor Cleared

The trial began on January 24, 2008. On February 1, the Summit County jury cleared Dr. Trump of any responsibility for the baby’s injury. Their decision was reached after three hours, with a 6-2 vote for the doctor.

Medical situations can be very complex. They require expert medical testimony on both sides and a great deal of preparation. In this case the jury exonerated the doctor, but in many cases, medical malpractice is found to have occurred. If you are dealing with a birth injury and wondering whether you might have a valid claim, please call or email us to schedule a free consultation.