Connecticut Jury Awards $17.1M Against Greenwich Hospital for Negligence Leading to Stillbirth

Rodezno, Jacqueline, Administratrix of the Estate Et Al v. Greenwich Hospital Et Al

Case Background

On August 21, 2017, Jacqueline Rodezno initiated a medical malpractice lawsuit against Greenwich Hospital for the wrongful death of her unborn baby, which she attributed to the hospital’s negligence. The case was presented to the Connecticut Superior Court, Stamford Division, where Judges Kenneth Povodator, Robert Genuario, Robert Golger, Sheila Ozalis, William Clark, and Yamini Menon presided. [Case number: FST-CV17-6033083-S]

Cause

Greenwich Hospital, also known as Women’s Health at Greenwich Hospital, was located at 5 Perryridge Road, Greenwich, Connecticut. It provided medical services, including obstetrical care. Greenwich is affiliated with Northeast Medical Group. Annette Bond, MD, and Diana Adams, MD, were agents or employees of Greenwich Hospital and acted within their authority.

On or around December 1, 2014, Greenwich Hospital began providing ongoing medical care to Jacqueline Rodezno for her pregnancy and to assist with the delivery of her baby. On or about May 29, 2015, Jacqueline Rodezno went to Greenwich Hospital with complaints of full-body itching lasting two days. She was diagnosed with intrahepatic cholestasis of pregnancy and prescribed ursodiol.

Later, bile acid levels returned to normal, leading to the discontinuation of ursodiol. Despite rising transaminases and persistent itching, the medical team did not restart ursodiol until around June 17, 2015. On June 21, 2015, Jacqueline Rodezno delivered a stillborn baby girl named Sarai Santiago at Greenwich Hospital.

On May 1, 2017, Jacqueline Rodezno was officially appointed Administratrix of the estate of her deceased child by the Probate Court, District of Greenwich.

Injury

As a result of the Defendant’s negligence, Sarai Santiago experienced complications from cholestasis and subsequently died. Her wrongful death caused the Plaintiff great emotional distress.

Damages

Due to the Defendant’s negligence, Sarai Santiago’s ability to engage in life’s activities was permanently destroyed. Additionally, as a result of Defendant’s carelessness, Plaintiff Jacqueline Rodezno, Administratrix of the estate, incurred funeral and burial costs.

The Defendant’s negligence caused Plaintiff Jacqueline Rodezno severe emotional and physical pain, including mental anguish from the stillbirth. Consequently, Plaintiff sought compensatory damages exceeding $15,000.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Jacqueline Rodezno Administratrix of the Estate of Sarai Santiago
  • Counsel for Plaintiff(s): Stephanie Z. Roberge
  • Experts for Plaintiff(s):  Alexander R. Smythe, M.D. | Gary Crakes, Ph.D. | Marc S. Engelbert, MD | Dr. Douglas Anthony | Anna G. McDonald M.D 

• Defendant(s):  Greenwich Hospital | Northeast Medical Group | Annette Bond, MD | Diana Adams, MD
  • Counsel for Defendant(s): Carol Doty | Rachel S. Pearson
  • Experts for Defendant(s):  Joseph Ouzounian, MD | Mary D’Alton, MD | Samuel M. Lundstrom, Ph.D. | Dr. M. Halit Pinar, MD | David Zagzag, M.D., Ph.D.

Claims

Regarding the care of Plaintiff Jacqueline Rodezno and the death of Sarai Santiago, Defendant acted negligently in several ways. First, Defendant discontinued ursodiol despite the existing circumstances. Second, the Defendant failed to recognize the significance of abnormal liver function test results. Third, the Defendant did not continue ursodiol as needed. Fourth, Defendant delayed restarting ursodiol even though liver function tests were rising.

Fifth, the Defendant did not order repeat bile acid tests in a timely manner. Sixth, the Defendant inadequately managed the prenatal care. Seventh, the Defendant failed to deliver the baby promptly, particularly given the extremely high liver enzyme levels. Finally, the Defendant did not follow established medical practices and procedures.

Defense

The Defendants denied any negligence or liability regarding the allegations in the complaint. They asserted that all medical care given met acceptable standards. The Defendants argued the following Special Defenses:

1. First Special Defense: They claimed any injuries or damages were caused by the Plaintiff’s own negligence and not by their actions. Therefore, if the Plaintiff was found negligent, the Defendants would be liable only for their proportionate share of damages. If the Plaintiff’s negligence was greater than all other parties, she would be barred from recovering.

2. Second Special Defense: The Plaintiff was said to be contributorily negligent for failing to follow the Defendants’ instructions, obtain recommended testing, and seek appropriate medical care. Thus, the Defendants would be liable only for their proportionate share of damages.

3. Third Special Defense: The Defendants argued that any damages suffered by the Plaintiff resulted from her failure to mitigate them by not following medical advice, skipping recommended tests, and neglecting proper medical care.

Expert Testimony

The Plaintiff brought in the following experts:

1. Dr. Alexander R. Smythe testified about the Defendants’ deviation from the standard of care. He discussed failures in managing cholestasis of pregnancy, mishandling of abnormal liver function tests, and the inappropriate delay in delivery.
2. Dr. Gary Crakes, Ph.D., provided economic testimony on damages and loss of earning capacity. He evaluated the decedent’s potential economic loss, considering factors like taxes, personal maintenance, fringe benefits, and the value of home services.
3. Dr. Marc S. Engelbert testified about the standard of care in managing Jacqueline Rodezno’s pregnancy. He covered the alleged mishandling of cholestasis and the timing of the delivery, arguing that these failures contributed to the complications.
4. Dr. Douglas Anthony asserted that cholestasis of pregnancy was a major factor in Sarai Santiago’s intrauterine fetal demise.
5. Dr. Anna G. McDonald, M.D., a pathology expert, challenged the previously attributed cause of death, which was fetal vascular malperfusion. She argued that an earlier delivery would likely have saved Sarai Santiago’s life.

The Defendants disclosed the following experts:

1. Dr. Joseph Ouzounian testified about the standard of care and causation. He argued that the Defendants adhered to appropriate standards and that the Plaintiff’s treatment for cholestasis of pregnancy was adequate.
2. Dr. Mary D’Alton supported the claim that the Defendants did not deviate from the standard of care and that their management did not cause the Plaintiff’s claimed damages.
3. Dr. Samuel M. Lundstrom provided testimony on economic damages and challenged Dr. Crakes’ findings.
4. Dr. M. Halit Pinar refuted the Plaintiff’s pathologist by arguing that cholestasis was not the cause of Sarai Santiago’s demise. Instead, he asserted that fetal vascular malperfusion of the thrombotic type was responsible.
5. Dr. David Zagzag, M.D., Ph.D., testified in pathology and neuropathology. He addressed Sarai Santiago’s cause of death, specifically fetal vascular malperfusion, and countered the opinions of the Plaintiff’s pathologists.

Jury Verdict

The Plaintiff, Jacqueline Rodezno, both as Administratrix of the Estate of Sarai Santiago and individually, won the case against the Defendants, Greenwich Hospital and Northeast Medical Group.

On August 8, 2024, the Connecticut jury rendered a verdict in favor of the Plaintiff. The jury granted $10.6 million to the Plaintiff in her role as Administratrix. Additionally, the jury awarded her $6.5 million in her personal capacity. Thus, a total of 17.1 million was awarded to Rodezno.

Court Documents:

Complaint

Greenwich Hospital’s Answer

Northeast Medical Group’s Answer

Verdict