On March 25, a jury handed down a $48 million verdict against St. Louis-based Mercy Hospital, Mercy Clinic and an obstetrician, siding with the family of a child left with brain damage after his birth at the hospital.
The case involved Sarah Anyan, a cardiac nurse at Mercy Hospital at the time, who delivered her son in May 2020 after more than 12 hours of pushing. Despite the baby being in a difficult position and monitors showing signs of fetal distress, her physician, Daniel McNeive, MD, continued to advise pushing and did not recommend a cesarean section, according to Gunn Slater, the law firm representing the family.
According to court testimony, Ms. Anyan began pushing at 3:50 a.m May 4 and was still doing so more than eight hours later, well beyond the typical four-hour threshold for first-time mothers. The family claims Dr. McNeive noted concerns on the fetal heart monitor when he assessed her around 8 a.m., and advised Ms. Anyan to continue pushing. He did not return for several hours, during which he performed three C-sections on other patients.
The baby was delivered around 4:30 p.m. and diagnosed shortly after birth with hypoxic ischemic encephalopathy, a brain injury caused by lack of oxygen. He spent 46 days in the NICU and now lives with cerebral palsy. Ms. Anyan did not return to her job at Mercy and now cares for her child full time.
The verdict includes $20 million in punitive damages and $28.1 million for the child’s ongoing care needs, according to a report from the St. Louis Post-Dispatch. The case represents the largest medical malpractice verdict in Missouri history.
Mercy disagrees with the outcome and is considering an appeal, a spokesperson for the health system said in a statement to Becker’s.
“First and foremost, our thoughts and prayers remain with the plaintiff and his family for his continued comfort and care,” the statement said. “We thank the members of the jury and the court for their time and effort on this difficult case. Mercy and its physicians never want patients or their families to suffer and believe in the care that was provided in this case.”
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