WellStar North Fulton complaint alleges Pitocin continued despite warning signs in TOLAC before newborn’s brain injury
The amended complaint alleges that nurses continued Pitocin despite a Category 2 fetal heart tracing during a TOLAC labor at WellStar North Fulton Hospital. The tracing showed signs of uterine tachysystole, and the fetal monitor lost contractions and heart tones for extended periods. The mother had worsening breakthrough pain and vaginal bleeding. A nurse described the bleeding as a "normal show" and did not raise these signs of possible rupture. Nurses did not notify the obstetrician or stop the Pitocin until the fetal heart rate could not be found. A nurse could not locate a fetal heartbeat and alerted a midwife, and an obstetrician ordered an emergency cesarean, later finding a full-thickness uterine rupture. The newborn was delivered without signs of life, was resuscitated, and was later transferred for therapeutic hypothermia to treat brain injury.
Overview
This page concerns a public complaint alleging that nurses continued Pitocin during a TOLAC labor despite signs of fetal intolerance, before a newborn’s brain injury.
Chronology
The complaint alleges as follows:
- The mother was admitted to WellStar North Fulton Hospital in February 2019 at 41 weeks for an induction after a prior cesarean.
- A midwife ordered Pitocin, and nurses started it and raised the dose over the next two hours while the fetal heart tracing stayed normal.
- Early the next morning, the tracing became Category 2 with minimal variability, but nurses kept the Pitocin running.
- From about 6:30 a.m. the monitor recorded no contractions and had gaps in heart tones. Nurses did not report this to a midwife or obstetrician. A nurse charted contractions every 1.5 to 2 minutes, noted this met the definition of tachysystole, and continued the Pitocin.
- The mother’s pain reached 10 out of 10, and a nurse charted vaginal bleeding as a "normal show." The nurse continued the Pitocin and did not notify the obstetrician.
- At about 10:54 a.m. a nurse could not find a fetal heart rate and alerted a midwife. The midwife found the baby’s head no longer at the cervix.
- An obstetrician ordered an emergency cesarean, found a full-thickness uterine rupture, and delivered the newborn without signs of life at 11:15 a.m.
Alleged failures
The complaint alleges the following failures:
- The nurses continued the Pitocin despite signs of tachysystole and a persistent Category 2 fetal heart tracing.
- The nurses did not notify a midwife or obstetrician of signs of possible uterine rupture, such as breakthrough pain, bleeding, and lost contraction readings.
- The midwives did not stay adequately involved in the labor or advocate for a prompt cesarean when there were signs of possible uterine rupture.
- The hospital did not ensure appropriate physician availability or enact policies for reasonably safe trials of labor after cesarean.
- The complaint alleges that the failure to ensure a timely delivery caused the newborn’s severe neurological injuries.
- The complaint pleads professional negligence, ordinary negligence, and gross negligence, and attaches an expert affidavit under O.C.G.A. § 9-11-9.1. It also pleads negligent hiring, training, and supervision against the hospital and two practice groups, and vicarious liability.
