Mom Forced to Deliver Vaginally Despite Risks, Family Claims
3-27-2017 22:10:00

RIVERSIDE, Calif. (CN) – New parents claim their baby has brain damage because Kaiser refused to do a cesarean-section despite knowing a vaginal delivery would result in head trauma, in a lawsuit filed in Riverside County Superior Court.


Kasey and Kyle Borders sued Kaiser Foundation Hospitals, Southern California Permanente Medical Group, and Kaiser Foundation Health Plan, on behalf of their daughter, Abigail.

The Borders say the hospital staff told them that the normal range of fetal heart rates was 110/120-160 beats per minute, meaning an adequate supply of blood was reaching their daughter’s brain.

But during delivery, the monitor showed the baby’s heart rate drop below the normal range, meaning the lack of blood and oxygen to her brain was causing brain damage, according to the complaint.

Worse yet, the doctors told the parents that the baby “had a facial presentation and that a vaginal delivery would result in head swelling, bruising, eye bruising, and other head trauma,” the complaint states.

Given this information, Kasey asked for a cesarean-section, but the doctors refused and forced her to go through with a vaginal delivery despite the risks, according to the complaint.

Kyle, who was in the delivery room, says he could see his daughter being injured during the forced 2.5 hour delivery. Her face became increasingly bruised until her entire head was black and blue, causing him to suffer severe emotional distress at witnessing her obvious trauma.

Kasey says she was not only physically hurt during the delivery, but suffered shock, grief, worry, mortification, and indignity at the “tragic outcome.”

The Borders seek general and special damages for medical malpractice, negligence, and negligent infliction of emotional distress. 

They also want reimbursement for past and future medical expenses and loss of future earnings and earning capacity for each of the family members, and loss of earnings already incurred, for each of the parents.

The family is represented by Bruce Fagel of Beverly Hills.

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