A woman is seeking $9 million from St. Charles Health System in a wrongful death lawsuit after her daughter died at the St. Charles Family Birthing Center in Bend.
The suit, filed Jan. 23 in Deschutes County Circuit Court, names Bend OB-GYN Mary Jane Davis as co-defendant. It claims she was often unaware of the woman’s condition throughout her difficult childbirth and was frequently absent or late in arriving.
The estate of the deceased child, Grace Louise Marchant-Hubbs, is listed as a plaintiff, along with her mother, Angela Marchant. Additionally, the suit seeks pain and suffering damages for Grace Louise’s grandmother and father, who were with Marchant throughout the birth in July 2016.
St. Charles was served last week. It has yet to respond to the allegations of wrongful death, medical malpractice and negligent infliction of emotional distress.
According to the lawsuit, Marchant was admitted to St. Charles on July 22, 2016, due to the “slow progression of labor and delivery.”
“At or around the beginning of defendant Dr. Davis’ shift, plaintiff Angela’s amniotic membranes had been ruptured for many hours,” the lawsuit states.
Davis’ alleged negligence begins that afternoon, when Marchant began bleeding and Davis is said to have “not returned timely to examine plaintiff Angela or plaintiffs’ baby,” according to court documents. That evening, Grace’s heart began beating rapidly and she started showing “significant signs of distress,” according to the lawsuit.
At about 9:30 p.m. July 23, Davis told Marchant an immediate cesarean section was needed to deliver the baby. Grace was born 30 minutes later, following another delay, this time as consent forms were processed, according to the lawsuit.
“During that 30-minute delay, plaintiffs’ baby continued to experience significant tachycardia, and significant oxygen deprivation,” the lawsuit states.
Grace required resuscitation immediately after birth, and she was admitted to the St. Charles neonatal intensive care unit. Two days later, she showed no signs of brain activity and was removed from life support. She never gained consciousness after birth, according to the suit.
The family incurred medical expenses of $300,000 related to the birth. Funeral and burial expenses totaled $4,700, according to the lawsuit.
St. Charles spokeswoman Lisa Goodman declined to comment, citing a company policy against discussing pending litigation.
Angela Marchant is a registered nurse at BMC Urgent Care. Her husband, Scott Hubbs, works as a production planner at Deschutes Brewery, according to his Facebook page.
In 1999, Davis was a co-defendant along with East Cascade Women’s Group when a former employee sued for wrongful termination.
That case reached a settlement.
Davis was also sued for medical malpractice in 2002 in a case naming two other doctors and Oregon Health & Science University as co-defendants.
That case also reached a settlement.
Angela Marchant’s attorney, Portland-based Larry Sokol, represented the plaintiff in the 2002 case.
“This is a significant tragedy for this family and everyone involved,” Sokol said last week of the Marchant case.
Davis was first licensed with the Oregon Medical Board in 1992. She is also licensed to practice medicine in Florida.
— Reporter: 541-383-0325, firstname.lastname@example.org