McKinnis v. Diegmann, et al

Case Background

Plaintiff Eula McKinnis filed a medical malpractice lawsuit against her ob-gyn, Dr. Fred Diegmann. She claimed that due to her doctor’s negligence her newborn infant suffered permanent kidney damage. The case was filed in the Alabama Circuit Court, Baldwin County. Judge C. Joseph Norton presided over this case. [Case number: 19-901720]

Cause

Before May 2017, Eula McKinnis received prenatal care from Dr. Fred Diegmann, an ob-gyn at Diegmann and Henderson Ob-gyn, P.C. in Fairhope. During her previous pregnancy, McKinnis informed Dr. Diegmann’s office that she was taking Lisinopril for high blood pressure.

Pregnant women are advised against using Lisinopril because it can harm the fetus, leading to potential kidney damage. Therefore, Dr. Diegmann instructed McKinnis to stop taking the medication during her pregnancy.

After four years, on May 9, 2017, McKinnis returned to Dr. Diegmann’s office and learned that she was eight weeks pregnant. He began providing prenatal care for this new pregnancy.

Her prior use of Lisinopril was documented in her medical records. However, for some reason, Dr. Diegmann allegedly did not advise her to discontinue the medication this time.

Over the following months, McKinnis visited Dr. Diegmann for prenatal care eleven times. On December 11, 2017, she arrived at his office in active labor and was subsequently sent to Thomas Hospital for what was expected to be a routine delivery.

On that same day, she gave birth to a baby boy, Jayce McKinnis. His Apgar score was 5, which indicated he required medical attention. Apgar is an acronym for Appearance, Pulse, Grimace, Activity, and Respiration, which are the five criteria assessed to evaluate a newborn’s health at birth. The score helps determine if immediate medical care is needed.

Soon after birth, Jayce experienced respiratory distress and kidney dysfunction.

He received a feeding tube and was transferred to the Neonatal Intensive Care Unit (NICU). On December 14, 2017, he moved to the NICU at the University of South Alabama Medical Center, and on December 15, 2017, he was transferred to Children’s of Alabama in Birmingham. His treatment was intensive.

Injury

Jayce was discharged on January 22, 2018, with a diagnosis of chronic kidney disease and high blood pressure. Although he survived, his condition remains permanent.

Damages

Eula filed a medical negligence lawsuit on behalf of Jayce as his mother and next friend seeking damages. She named Drs. Diegmann and Henderson, along with Diegmann and Henderson Ob-gyn, P.C., as Defendants. Additionally, Eula presented claims in her own individual capacity.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): Dr. Fred Diegmann | Diegmann and Henderson Ob-gyn, P.C.
    • Counsel for Defendant(s): W. Austin Mulherin, III | Jay N. Robinson | Blair G. Mattei

Claims

The Plaintiffs accused the defendants of not advising Eula to stop taking Lisinopril during her pregnancy. They also criticized the defendants for not warning her about the medication’s risks. The Plaintiffs argued that the defendants should have been aware, based on McKinnis’s medical records, that she was using Lisinopril. They claimed that this negligence amounted to malpractice, resulting in Jayce’s permanent injury.

Eula eventually dismissed her individual claims but continued to pursue the case for Jayce. The Plaintiffs also chose to voluntarily dismiss Dr. Henderson from the litigation. Consequently, the case continued solely against Dr. Diegmann and his medical practice.

Defense

The Defendants defended themselves and denied any breach of the standard of care.

Expert Testimony

The Plaintiffs identified several experts for the case. These experts included Dr. Michael Hawkins, an ob-gyn from Dickson, TN; Dr. Vadim Gelman, an ob-gyn from New Orleans, LA; and Dr. Michael Moritz, a pediatric nephrologist from Pittsburgh, PA.

Jury Verdict

The case was tried over four days in Bay Minette. At the end of the evidence, the Defendants filed a motion for judgment as a matter of law. The court denied this motion.

Subsequently, on May 10, 2024, the Alabama jury returned a verdict in favor of Dr. Diegmann and Diegmann and Henderson Ob-gyn, P.C. As a result, the court issued a defense judgment in this medical negligence case.

Court Documents:

Available upon request