Symington, Nathan Robert v. Dohm-Palmer, Nicole, et al.

On May 16, 2024, the Minnesota jury returned a defense verdict in a medical malpractice suit filed by the husband of the deceased. The jury held that the negligence of Deborah Suppes was not the direct cause of the wrongful death of the wife and injuries caused to the newborn.

Case Background

On May 3, 2019, Nathan Symington filed a medical malpractice case against doctors for the wrongful death of his wife and injuries caused to his newborn before the Minnesota State, Dakota County, District Court. Judges McManus Timothy J., Messerich Kathryn Davis, Cork Jamie L., and Wilton Christian S. presided over this case. [Case number: 19HA-CV-19-2123]

Cause

In November 2015, Mr. and Ms. Symington discovered they were expecting their first child, due on June 10, 2016. Ms. Symington began prenatal care at NHC’s Women’s Health Center. On May 11, 2016, she tested positive for Group B Strep (GBS), a bacterium found in the vagina, not typically causing serious illness but posing risks during pregnancy.

Pregnant women usually screened for GBS at 35-37 weeks gestation, are at risk of infections for both mother and baby. To mitigate these risks, GBS-positive mothers receive antibiotics during labor. At Ms. Symington’s May 20 appointment, documented by Defendant Deborah Suppes, she showed increased swelling in her ankles, feet, and legs, alongside green/yellow vaginal discharge.

On May 23, 2016, at just over 37 weeks pregnant, Ms. Symington arrived at NHC’s Labor and Delivery unit, having leaked clear, watery fluid since early morning, with occasional contractions. Defendant Mickelson assessed her for potential rupture of membranes, ordering an AmniSure test which returned negative. Ms. Symington was sent home with a scheduled follow-up in four days.

There’s a heightened risk of ascending infections when the amniotic sac ruptures prematurely, termed PROM. Diagnosis typically involves visual inspection or amniotic test kits, such as AmniSure. Leakage may vary from intermittent to a constant trickle, impacting the fetus’s umbilical cord and potentially necessitating prompt delivery to prevent complications.

On June 4, 2016, Ms. Symington returned to NHC with signs of spontaneous membrane rupture, prompting labor induction with Pitocin and antibiotic administration. However, baby Magnus’s fetal distress necessitated an urgent cesarean section, resulting in significant complications including a tight nuchal cord and low Apgar scores.

Post-birth, baby Magnus suffered an ischemic injury and hypoxic-ischemic encephalopathy, later diagnosed with cerebral palsy. Ms. Symington experienced severe postpartum complications, culminating in cardiac arrest and her wrongful death. The coroner attributed Ms. Symington’s passing to complications of her pregnancy, particularly acute chorioamnionitis and associated vascular issues.

Injury

The Defendants’ negligence directly caused Ms. Symington to experience prolonged rupture of membranes, leading to chorioamnionitis from ascending infection. This infection spread to the placenta and baby Magnus’ umbilical vessels, ultimately progressing to septic shock. This led to Ms. Symington’s wrongful death on June 5, 2016.

Additionally, as a direct consequence of the Defendants’ negligence, baby Magnus endured moderately severe hypoxic-ischemic encephalopathy, a stroke, and end-organ dysfunction, and was diagnosed with cerebral palsy.

Damages

As a direct consequence of the Defendants’ negligence, Ms. Symington’s next-of-kin suffered and would continue to suffer the loss of past and future income and household services, estimated to exceed $50,000. They also endured and will continue to endure the absence of advice, comfort, companionship, and other contributions Ms. Symington would have provided, valued at over $50,000. Additionally, they incurred medical, funeral, burial, and associated expenses that exceeded $50,000.

Furthermore, as a direct result of the Defendants’ negligence, baby Magnus sustained severe and permanent injuries, including moderately severe hypoxic-ischemic encephalopathy, a stroke, end-organ dysfunction, cerebral palsy, and developmental delays. These injuries deprived him of a normal life and caused pain, disability, disfigurement, embarrassment, and emotional distress, quantified at more than $50,000. Baby Magnus also faced substantial future expenses for medical care, rehabilitation, and related services, estimated to exceed $50,000. His earning capacity was significantly diminished, adding further economic damage exceeding $50,000.

Additionally, Mr. Symington incurred and will continue to face significant costs providing special care for baby Magnus, with economic damages also exceeding $50,000. These financial burdens arose from the necessity of medical, and rehabilitative services, and specialized equipment.

Plaintiff Nathan Symington sought judgment against Defendants, collectively exceeding $50,000, alongside costs, disbursements, prejudgment interest, and any other relief deemed just and appropriate by the court.

Key Arguments and Proceedings

Legal Representation

Claims

Defendants were obligated to provide medical care during Ms. Symington’s pregnancy and delivery that adhered to accepted standards of medical practice. However, they failed to meet these standards and were negligent in several respects. For instance, they did not recognize the significance of Ms. Symington’s premature rupture of membranes despite her GBS-positive status. The condition necessitated careful monitoring, timely induction of labor, and prophylactic antibiotics. Furthermore, they neglected to acknowledge that the AmniSure test could yield unreliable results if the sample were taken more than 12 hours after presumed membrane rupture or with intermittent fluid leakage.

On multiple occasions, they failed to induce labor promptly or administer prophylactic antibiotics following Ms. Symington’s premature rupture of membranes, considering her GBS-positive status. Additionally, they did not administer appropriate and timely antibiotics for Ms. Symington’s prolonged rupture of membranes during her cesarean section.

In addition to these failures, Defendants displayed negligence in their care and treatment of baby Magnus throughout Ms. Symington’s pregnancy. As a direct consequence of the Defendants’ negligence, baby Magnus suffered moderately severe hypoxic-ischemic encephalopathy, a stroke, end-organ dysfunction, and cerebral palsy. These conditions significantly impacted his health and quality of life.

Defense

Defendants asserted that all employees and agents of Northfield Hospital & Clinics had demonstrated the requisite skill and knowledge typical of their professions in the community. They consistently applied reasonable care and diligence, making decisions based on their professional judgment. Defendants argued that any injury or damage suffered by Plaintiffs resulted from factors and circumstances beyond their control. They contended that if the Plaintiffs experienced harm, it was not due to any negligence or fault on their part but rather due to external conditions or events.

Expert Testimony

Plaintiff Nathan Robert Symington presented expert testimony from Heather Stanley-Christian, M.D., Stephen Nelson, M.D., Luke L. Linscott, M.D., Maureen Ellen Sims, M.D., Theonia Boyd, M.D., Susan Riddick-Grisham, RN, Shannon Eberlein, and Roger Feldman, Ph.D. The defense countered with expert witnesses Amy Bingaman, M.D., R. Weslie Tyson, M.D., Richard Towbin, M.D., T. Bruce Ferrara, M.D., Wendell Hoffman, M.D., Michael Duchowny, M.D., David D. Jones, Ph.D., Beth Greenbaum, Ph.D., and Jamie Alford, M.A.

Jury Verdict

On May 16, 2024, the Minnesota jury held that Deborah Suppes, M.D., was negligent in her care and treatment of Sarah Symington and Baby Magnus. However, such negligence was not the direct cause of Sarah Symington’s wrongful death and Magnus Symington’s injuries.

The jury also believed that Nicole Dohm-Palmer, M.D., and Dana Olson, M.D. had not been negligent in their care and treatment of Sarah and Magnus Symington. Thus, no damages was awarded to the Plaintiff.

Court Documents:

Available upon request