A Tragic Story of Childbirth Malpractice

Victoria Upsey suffered a placental abruption (the placenta separating from the uterus wall, which places the fetus in immediate danger) and was rushed to Pottstown Memorial Medical Center in Pennsylvania. Upsey was 36 weeks pregnant upon her arrival to the hospital.

Upon arriving at the hospital the obstetrician performed and ultrasound on Upsey, resulting in no signs of a fetal heartbeat. Due to the test results from the obstetrician, Charles Touey M.D. pronounced the baby dead before delivery. About an hour later he rechecked the ultrasound results and discovered that the baby was in fact still alive. The baby was then delivered 81 minutes later, born with severe birth defects due to oxygen deprivation during the birthing process.

Victoria Upsey filed a lawsuit claiming Charles Touey M.D. was responsible for medical malpractice resulting in her child’s permanent disabilities. Upsey insisted that she could still feel the baby kicking and notified the staff, however the ultrasound technician insisted the baby was deceased. Touey’s defense was that the baby must have died and then come back to life, eighty-one minutes later. Jurors found his testimony sadly humorous and later found the hospital to be at fault for faulty equipment. Upsey was awarded with $78.5 million to cover costs of round-the-clock care and medical attention that her child would need for the rest of its life because of brain damage and severe cerebral palsy.

Victoria Upsey’s baby, which she named Parrys, will now have the funding for her medical needs but it is devastating news considering her baby could have been healthy. “She needs help with all her activities for daily living,” her attorney says. “She can’t sit up, roll over or control her head. She’s tube fed. She will never speak. She truly is a devastated child.”

Could this happen to you?

Placental abruptions are a somewhat common affliction, occurring in 1 in 150 deliveries. Only 1 in every 1,600 placental abruptions is considered threatening to infant life. It is the doctor’s responsibility to determine if the placental abruption is life threatening and to take actions accordingly. To lower your risks of birthing defects it is a good idea to make the hospital has up to date equipment when choosing a place for delivery for your child.

Have you suffered a similar tragedy from your child delivery experience?

At Phillips Law Firm our medical malpractice attorneys are dedicated to getting you justice and compensation you deserve. Call Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee