September, 2015

Gerald R. Toner and Joshua W. Davis obtained a unanimous defense verdict on behalf of an obstetrician following a jury trial in Jefferson Circuit Court.  Plaintiffs alleged that since the Plaintiff mother’s prior pregnancy was complicated by intrauterine growth restriction, the obstetrician should have provided additional antenatal testing in her subsequent pregnancy; the failure to provide such testing was negligence which resulted in the fetus’ death at 36 weeks of gestation.  Mr. Toner and Mr. Davis countered that pathological examination of the mother’s placenta reflected lymphohistiocytic villitis, a rare condition which restricted blood flow to the placenta causing fetal death. The obstetrician should not have anticipated the villitis, which was akin to being struck by lightning.  After considering the matter briefly, the jury unanimously agreed that the obstetrician acted appropriately and entered a finding in her favor.