Two Oregon parents are suing a health center for $35 million after a botched water birth left their son severely disabled, according to an amended lawsuit filed this week.
Amy Benton and Matthew Marino say Oregon's Legacy Health System failed to warn them of the dangers of water births when Benton was pregnant with their son Luca in December 2011, according to the lawsuit obtained by The Oregonian.
Their now 3-year-old son suffers from cerebral palsy and has trouble hearing among other medical conditions, which his parents say are the result of a lack of preparedness during his water birth.
On Dec. 14, 2011, Benton gave birth to her son at Legacy Emanuel Medical Center, one of five Oregon hospitals ran by Legacy. But staff at the North Portland hospital did not deliver the baby on time, which left him deprived of oxygen, according to the Multnomah County lawsuit.
The inadequately trained nurses and midwives also failed to resuscitate Luca in time when his breathing failed, the lawsuit claims.
"This boy will need a great deal of care the rest of his life," Rich Rogers, the parents' attorney, told the Portland Business Journal. "His parents have had their lives greatly altered. The sad thing is, none of it had to happen."
Ultimately, the parents say the hospital should not have approved the water birth in the first place because Benton had a high-risk pregnancy. They claim a cesarean should have been performed, The Oregonian reported.
The lawsuit also cites previous statements from the American Academy of Pediatrics and American College of Obstetricians and Gynecologists that said water births come with serious medical risks, including death, which Legacy did not inform them about.
Luca's parents originally filed the lawsuit last August but a more detailed version was filed this week. In addition to the $35 million for Luca's care and suffering, they are asking a judge to ban Legacy from performing water births at all of its Oregon hospitals. The only exception would be in the case of a clinical trial, The Oregonian reported.
On its website, Legacy describes water births as a way to create a "comfortable birthing experience for mom" while reducing "blood pressure, cesarean rates, the need for drugs" among other medical benefits. But the site warns that water births are only for low-risk pregnancies.
A Legacy spokesman told The Oregonian it's their policy not to comment during pending litigation.
