Parents sue CHC over death of child

A couple sued the Commonwealth Health Center for alleged negligence that caused the death of their child a few days after delivery.

Wei Hua Peng and Langyue Huang sued the CNMI government, Department of Public Health, CHC, and Drs. Nasser Chahmirzadi and Norma S. Ada, for negligence, wrongful death, and loss of consortium.

Wei and Langyue, through counsel F. Matthew Smith, asked the Superior Court to order the defendants to pay them damages plus costs and other expenses for the burial and funeral of their baby.

Smith alleged in the complaint that during the Fall of 2003, Wei began visiting San Antonio Clinic and CHC for pre-natal care and that she never missed any of her 11 scheduled appointments.

Smith said that with due date set in Feb. of 2004, it was during these regular pre-natal checkups that CHC detected that Wei suffered from high blood sugar.

The lawyer said that it was often noted by DPH during these visits that the plaintiffs were Chinese, did not understand English, and required a translator.

Smith said at no time during these numerous pre-natal visits did any employee of DPH prescribe a sonogram/ultrasound, measure Wei’s stomach or determine if scarring from her previous caesarean section had stretched to the body of her uterus.

In addition, Smith said, at no time did any defendant advise the couple of the risks associated with vaginal births after caesarean section (VBAC) or inform them that she was at any risk.

At no time the plaintiffs were made aware that with a VBAC the uterine could rupture and necessitate emergency intervention.

On Feb. 18, 2004, at 3am, after carrying the baby (Baby Huang) for a full nine months, Wei began experiencing painful contractions.

At 5am that day, the couple went to the CHC’s emergency room and Wei was checked by a nurse who told them she was not yet dilated.

At 9:30am after waiting at CHC for over four hours, Wei was again checked by a nurse and was told she was two-three fingers dilated.

A nurse told her, “You are Chinese, go home,” Smith said.

When Wei asked if she could stay because she was experiencing a lot of pain, the nurse told her, “she had to wait outside.”

Wei was not seen or checked by a doctor and no translator was present or offered during the time she was at the ER at CHC, Smith said.

As instructed Wei went home, but returned to CHC when the pain got really bad at 11:30am. At this time, she was in active labor and was admitted to CHC for the anticipated birth.

Wei’s water broke at 2:30pm and by 3pm, she began experiencing serious pain. After 30 minutes, she was fully dilated. Still no doctor or translator was present, Smith said.

For the next two hours, Wei tried to push the baby out. The only persons in the room were her, her husband, and two nurses.

At 4:40pm, she experienced extraordinary pain in her side as her uterus ruptured. Her legs started shaking, she was trembling and she went into shock and started to lose consciousness.

The baby’s heart rate dramatically decreased over an extended period of time as his brain and body suffered oxygen deficiency. The couple could hear and see the heart monitor slow as oxygen decreased.

At 4:40pm, one of the two nurses left the room without a word. Shortly thereafter, the second nurse also left.

The couple was left alone in the delivery room for 10 to 20 minutes. Langyue could see the crown of the baby’s head, could hear and see the heart monitor continuing to slow as the baby’s heart rate continued to decline.

When no one returned to the room, Langyue went to the doorway and could see one of the nurses on the phone in another room.

Langyue could not leave his wife or baby and did not know what to do or understand what was going on.

After 10 to 20 minutes, one of the nurses returned and gave Wei a shot. At 5:30pm, nearly 12 hours after labor had started, and nearly one hour after the uterine ruptured and oxygen deprivation and distress began, the first doctor to check on Wei, Dr. Chahmirzadi, entered the room.

The doctor pushed the baby back up into Wei, after which she was taken to surgery. The baby was delivered by caesarean section approximately one-half of an hour later.

At 5:52p.m. on Feb. 18, 2004, the baby was born.

Smith said that a result of having suffered fetal distress and a dramatic decrease in oxygen for a significant length of time during his birth, the baby was traumatically and permanently injured at birth.

Ten days later, the baby died from those injuries, Smith said.

The hospital concluded that the baby was brain dead and had died from severe encephalopathy, secondary to brain hypoxnia, due to the uterine rupture suffered by Wei.

“But for the negligence of each of the defendants, Baby Huang would have been born a healthy full term child; and Baby Huang, Mrs. Peng-Huang and Mr. Huang would not have been injured, suffered physical pain and suffering, emotional pain and suffering, or suffered any other losses including, but not limited to, lost wages, expenses, and other past and future economic and non-economic damages,” Smith said.