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Wayne E. Cousin

Wayne Cousin Obtains Defense Verdict in Favor of OBGYN

Baby was born without brain activity.

Wayne Cousin defended an OBGYN at trial who was alleged to have failed to timely order proper testing of a pregnant plaintiff with the resultant failure to diagnose vasa previa, a condition in which a baby’s blood vessels run near the internal opening of the uterus and can rupture during birth. 

The plaintiff’s pregnancy was without incident, with the exception of a 20 week ultrasound that showed a low-lying placenta, which was shown to have resolved in a subsequent ultrasound. The pregnancy progressed to its 34th week. Plaintiff developed bleeding and was brought to the hospital.  Upon arriving at the hospital, a code pink was called and a c-section was performed.  The plaintiff was diagnosed with vasa previa at the time of delivery.  The infant was delivered with no brain activity, and the body was kept alive for several hours on artificial respiration.

Wayne argued that our client ordered the proper prenatal testing at the appropriate times, and that the patient was referred to the hospital’s highly regarded maternal-fetal medicine department for that testing.  He further argued our client reasonably relied on the findings made by the MFM specialists.  He further argued that once our client was notified of the resolution of the low-lying placenta, no further testing regarding that condition was warranted, and our doctor did not deviate from good and accepted practice by not ordering further testing for low-lying placenta. 

Result: After the jury deliberated for 45 minutes, they returned a verdict in favor of the doctor.