Professional Negligence Law Reporter

Perez v. Wesley Med. Ctr., No. 17 CV 854 (Kan. Dist. Ct. Sedgwick Cnty. Aug. 6, 2019).

During her pregnancy, Lindsay Perez, 35, was admitted to Wesley Medical Center, suffering from severe preeclampsia. A resident and the on-call obstetrician ordered an induction of labor. The baby began showing signs of distress, and Perez became hypoxic. The resident contacted the obstetrician, who did not order a cesarean section but recommended more fluids for intrauterine resuscitation. Within half an hour, however, another resident performed a cesarean section. During the surgery, Perez became hypotensive and became temporarily blind after the delivery. The obstetrician transferred Perez to a regular labor and delivery room.

That evening, Perez had a painful cough and severely elevated blood pressure. A chest X-ray showed pulmonary edema. Despite medication, Perez became unresponsive and suffered fatal respiratory arrest. Perez, who had been a teacher earning $48,500 annually, is survived by her husband and infant son.

Perez’s husband, individually and on behalf of their son and her estate, sued the hospital, alleging failure to perform a timely cesarean section, transfer Perez to the ICU after the delivery, and perform a STAT chest X-ray to timely diagnose and treat pulmonary edema resulting from large amounts of intravenous fluids.

The jury awarded $6.55 million.

Plaintiff counsel: AAJ members Bradley J. Prochaska, Ryan A. Prochaska, and James R. Howell, all of Wichita, Kan.