Professional Negligence Law Reporter

Carmen Nieves Rodriguez, who underwent bariatric surgery and later became pregnant, consulted a physician and was advised that she was at risk of uterine rupture and other complications related to her obesity and recent surgery. When she experienced spotting and fluid leakage at the end of her pregnancy, she was admitted to a hospital to deliver her child.

During labor, she experienced signs of fetal distress, including late and variable decelerations. She also became hypertensive and had a contraction pattern indicative of uterine hyperstimulation. Staff administered oxygen and fluids and called for an ultrasound when there was no clear and readable fetal heart rate tracing. After three vacuum attempts were unsuccessful, Rodriguez underwent an emergency cesarean section, which revealed a uterine rupture. Her son had Apgar scores of one at one minute and three at five minutes and required resuscitation. Now five, he has been diagnosed as having hypoxic-ischemic brain damage. He requires 24-hour care.

Rodriguez sued RWJ Barnabas Health, alleging that she should have been given a timely cesarean section in light of her obesity, high BMI, hypertension, and history of prior cesarean section. The plaintiff also claimed that the defendant failed to properly diagnose and treat fetal compromise.

The parties settled for $5.8 million.

Citation: Rodriguez v. RWJ Barnabas Health, No. ESX-L-003129-21 (N.J. Super. Ct. Essex Cnty. Mar. 20, 2024).

Plaintiff counsel: Heidi Villari, Voorhees Township, N.J.