Boughton, Vivian Lee b/n/f Boughton, Scott P. b/n/f Boughton, Cayce vs. Saint Thomas Midtown Hospital

Case Background

On September 24, 2019, Cayce and Scott Boughton filed a birth injury lawsuit against St. Thomas Midtown Hospital alleging negligence for the careless delivery of their daughter, Vivian Lee Boughton. The medical malpractice case was heard before the Tennessee 6th Circuit Court, Davidson County. Judge Thomas W. Brothers presided over this case. [Case number: 19C2245]

Cause

In January 2018, Cayce and Scott Boughton discovered they were expecting their first child. The pregnancy proceeded normally with no complications. Cayce arrived at Ascension St. Thomas Midtown Hospital for labor and delivery at 40 weeks on the afternoon of September 2018. Dr. Sa Cara Shaw, the on-call OB-GYN, was assigned to her case. Starting at 1:30 a.m., fetal decelerations were detected. Nurse Jackie Smith, who was on duty, informed Dr. Shaw of these findings at 4:28 a.m. Shaw assessed Cayce at 4:58 a.m. Throughout the following hours, fetal decelerations and signs of fetal distress persisted, especially between 8:00 and 9:00 a.m. Nurse Melissa Groome had taken over from Smith by then. The evidence of distress was technical. At 9:15 a.m., Dr. Shaw performed an episiotomy. Vivian was delivered three minutes later. At birth, her APGAR score was 1. The baby appeared lifeless, limp, and gray. They immediately transferred her to Vanderbilt Hospital after she suffered a hypoxic-ischemic encephalopathy (HIE) event during birth.

Injury

As a result of the staff's medical negligence, Vivian suffered severe birth injuries. She was diagnosed with hypoxic-ischemic encephalopathy (HIE), a severe brain injury caused by a lack of oxygen. Vivian now suffers from permanent brain damage, cerebral palsy, epilepsy, developmental delays, and gait disturbances, among other disabilities. She also developed a severe seizure disorder, which, although not immediately, medication eventually controlled several years later.

Damages

Under this medical negligence lawsuit, Vivian sought economic damages for future medicals and lost earning capacity. They also requested non-economic damages in five categories as well as future medicals and lost earning capacity.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Cayce P. Boughton | Scott Boughton | Vivian Lee Boughton, a minor child, by and through her next parents and friends Cayce P. Boughton and Scott Boughton
  • Counsel for Plaintiff(s): Charles I. Malone | Lauren Patton | Joseph F. Welborn, III | Emma R. Wolf
  • Experts for