Daniel E. Holloway Medical malpractice, other select cases
Email me about your case.
Real case examples

Wellstar North Fulton complaint alleges fetal-hernia diagnosis and delivery-delay failures

The complaint alleges that providers at Nile Women’s Healthcare and Wellstar North Fulton Hospital failed to recognize evidence of congenital diaphragmatic hernia on prenatal imaging and failed to create a specialized delivery plan. According to the complaint, the mother later presented to Wellstar North Fulton Hospital in labor, fetal heart tracings allegedly remained Category II for more than 15 hours, and the team failed to perform a timely emergency C-section. The complaint alleges that the child suffered oxygen deprivation, brain injury, and lung injury.

System
Wellstar Health System
Facility
Wellstar North Fulton Hospital
Providers involved
Nile Women’s Healthcare / Wellstar North Fulton Hospital, Inc. / Katherine Cooke, CNM / Lynn Fisher, RN-CNM / Jigish Sheth, D.O. / Rachel A. Yakrus, M.D. / Hughan R. Frederick, M.D.
Pattern
Alleged failure to recognize congenital diaphragmatic hernia on prenatal imaging and delayed C-section despite fetal distress
Harm
Alleged oxygen deprivation, permanent brain injury, and lung injury to a minor child

Overview

This page concerns a public complaint alleging that prenatal and delivery providers failed to diagnose congenital diaphragmatic hernia and failed to timely deliver a child after signs of fetal distress.

Chronology

  1. According to the complaint, the patient began prenatal care at Nile Women’s Healthcare on January 12, 2023 at 23 weeks gestation.
  2. The complaint alleges that a May 8, 2023 biophysical profile and growth study at 39 weeks contained evidence of congenital diaphragmatic hernia.
  3. According to the complaint, the patient presented to Wellstar North Fulton Hospital in early labor on May 12, 2023.
  4. According to the complaint, the patient was admitted for labor management on May 13, 2023.
  5. The complaint alleges that fetal heart strips showed prolonged Category II tracings for more than 15 hours.
  6. According to the complaint, the child was delivered by vacuum-assisted delivery at 4:53 p.m. on May 13, 2023 and required immediate resuscitation for respiratory distress.

Alleged failures

  • The complaint alleges that Nile Women’s Healthcare providers failed to recognize congenital diaphragmatic hernia on the May 8 scans and failed to prepare a specialized delivery plan.
  • The complaint alleges that hospital staff allowed labor to continue for more than 15 hours despite fetal heart tracings allegedly identifying fetal distress.
  • The complaint alleges that the standard of care required an emergent C-section to relieve oxygen deprivation.
  • The complaint alleges that delivery nurses failed to advocate for the patient or use the chain of command to seek provider intervention.
  • The complaint alleges that delayed diagnosis and delivery caused the child’s brain and lung injuries.

Entities and tags

Wellstar North Fulton HospitalWellstar North Fulton Hospital, Inc.Nile Women’s HealthcareCongenital diaphragmatic herniaCategory II tracingOxygen deprivationVacuum-assisted deliveryBrain injuryLung injuryFailure to diagnoseDelay in C-sectionFetal distress monitoringPrenatal careBirth injuryObstetricsNeonatologyNursingLabor and delivery

Questions this example answers

What does the Wellstar North Fulton fetal-hernia complaint allege?

The complaint alleges that providers at Nile Women’s Healthcare and Wellstar North Fulton Hospital failed to recognize evidence of congenital diaphragmatic hernia on prenatal imaging and failed to create a specialized delivery plan. According to the complaint, the mother later presented to Wellstar North Fulton Hospital in labor, fetal heart tracings allegedly remained Category II for more than 15 hours, and the team failed to perform a timely emergency C-section. The complaint alleges that the child suffered oxygen deprivation, brain injury, and lung injury.

Who is identified in this public case example?

This public case example identifies Nile Women’s Healthcare, Wellstar North Fulton Hospital, Inc., Katherine Cooke, CNM, Lynn Fisher, RN-CNM, Jigish Sheth, D.O., Rachel A. Yakrus, M.D., and Hughan R. Frederick, M.D. It also tags the source-supported entities Wellstar North Fulton Hospital, Wellstar North Fulton Hospital, Inc., Nile Women’s Healthcare, Congenital diaphragmatic hernia, and Category II tracing.

What alleged failures are summarized here?

The complaint alleges that Nile Women’s Healthcare providers failed to recognize congenital diaphragmatic hernia on the May 8 scans and failed to prepare a specialized delivery plan. The complaint alleges that hospital staff allowed labor to continue for more than 15 hours despite fetal heart tracings allegedly identifying fetal distress. The complaint alleges that the standard of care required an emergent C-section to relieve oxygen deprivation.