Brittany S. Gobble Et Al V. Bristol Gynecology And Obstetrics, P.C. Et Al

Case Background

On May 12, 2022, Plaintiff  Brittany S. Gobble and Benjamin T. Gobble and filed a Medical malpractice lawsuit in the United States District Court, Tennessee Eastern(Case number: 2:22cv51). Magistrate Judge Cynthia R Wyrick presided over this case.

Cause

In 2020, Brittany Gobble received prenatal care from Bristol Gynecology and Obstetrics, P.C., primarily under Dr. Russell’s care. During her pregnancy, she developed gestational diabetes, requiring insulin treatment. In January 2021, she began experiencing symptoms of preeclampsia, including severe headaches and elevated blood pressure exceeding 160 systolic. She was hospitalized at Bristol Regional Medical Center on January 16-17, 2021. Dr. Akin treated her with Fioricet for headaches and labetalol for hypertension. Despite concerning symptoms, such as an elevated protein/creatinine ratio and a low amniotic fluid index of 6.5, Dr. Akin approved her discharge on January 17. The following day, Dr. Russell examined her. He noted 80% effacement, 2cm dilation, and continued elevated blood pressure of 149/88, despite her being on labetalol.

Injuries

On the day of delivery, Brittany reported absent fetal movement and persistent high blood pressure of 150/105, despite medication. Upon arrival at the hospital, fetal monitoring revealed a declining heart rate, necessitating an emergency C-section. The infant, OLG, was born without a heartbeat and required immediate resuscitation and intubation. She suffered severe hypoxic brain injury and hypoxic ischemic encephalopathy, which required transfer to Johnson City Medical Center’s NICU. Imaging confirmed global hypoxic brain damage, and she required gastrostomy tube placement for feeding.

Damages

OLG developed multiple severe conditions, including spastic quadriplegic cerebral palsy, hearing loss, feeding difficulties, developmental delays, seizures, hypertonia, microcephaly, vision problems, and sleep difficulties. She requires constant nursing care, multiple specialist appointments, and ongoing physical, occupational, and speech therapy. The family has incurred extraordinary medical expenses and will continue to face substantial future medical costs, care expenses, and therapy needs. OLG’s injuries resulted in permanent disability, diminished earning capacity, physical pain, emotional suffering, and loss of enjoyment of life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Brittany S. Gobble, individually and as parent and next friend of minor O. L. G., formerly known as Brittany S. Monette | Benjamin T. Gobble
    • Counsel for Plaintiff: Michael E Large | Olen G Haynes | Olen G Haynes, Jr | J David Miller | John S Bingham
  • Defendant(s): Bristol Gynecology and Obstetrics, P.C. | M.D. David P. Russell | M.D. Haley L. Akin
    • Counsel for Defendants: Clarence J Gideon, Jr | Justin Blake Carter | Natalie Marie Gideon
    • Experts for Defendant(s): Robert J. Reynolds, M.D | Samuel H. Lundstrom, Ph.D | Theresa L. Whitten

 Claims

The plaintiffs alleged medical malpractice against Bristol Gynecology and Obstetrics, P.C., Dr. Russell, and Dr. Akin for failing to recognize and properly manage severe preeclampsia, inadequate monitoring, premature hospital discharge, and failure to rehospitalize. They claimed that proper hospitalization and monitoring would have detected fetal distress earlier, leading to timely delivery and preventing the catastrophic hypoxic brain injury. The plaintiffs sought $15,000,000 for OLG’s damages and $7,500,000 for the parents’ damages.

Defense

The defendants admitted that Ms. Gobble developed headaches and elevated blood pressure, leading to her hospitalization at Bristol Regional Medical Center on January 16-17, 2021. They acknowledged that Dr. Akin treated Ms. Gobble and administered medications, including Fioricet and labetalol. They confirmed that Ms. Gobble had one blood pressure reading where the systolic value exceeded 160 and that her urine protein/creatinine ratio was elevated.

The defendants admitted that OLG was born without a detectable heart rate, required resuscitation and intubation, and was transferred to Johnson City Medical Center. However, they denied any negligence or responsibility for the outcomes. They asserted that Ms. Gobble bore comparative fault for (1) continuing to smoke during pregnancy after being advised not to, and (2) potentially delaying reporting decreased fetal movement or increased blood pressures between January 18-20, 2021. They argued that if either of these factors was found to be the proximate cause of OLG’s condition, the jury should evaluate Ms. Gobble’s comparative fault.

The defendants raised several legal defenses. They invoked the doctrine of intervening or superseding cause, claiming they were not a substantial factor in producing the alleged outcome. They requested that any damages be capped according to Tennessee law. Additionally, they argued that Bristol Gynecology and Obstetrics, P.C., as a corporation, could not practice medicine. Therefore, they contended, the corporation should not face direct liability claims. Throughout their answers, the defendants maintained that they owed a professional duty of care to both Ms. Gobble and her unborn child. However, they asserted that they fulfilled this duty appropriately and denied any medical malpractice or liability for damages.

Expert Testimony

The defense experts testified as follows: Robert J. Reynolds, M.D., provided an opinion on the life expectancy of Olivia Gobble, stating that her prognosis was consistent with medical standards. Samuel M. Lundstrom, Ph.D., focused on the loss of earning capacity and future life care expenses, noting that the analysis could change if additional information became available. Theresa L. Whitten testified that Dr. Russell, Dr. Akin, and the staff at Bristol Gynecology and Obstetrics, P.C., consistently met the standard of care in managing Ms. Gobble’s prenatal care. She emphasized that Dr. Russell appropriately diagnosed and managed Ms. Gobble’s gestational diabetes.

Jury Verdict

On October 25, 2024, the jury reached a defense verdict regarding the medical malpractice claims against Dr. Haley L. Akin, M.D., and Dr. David P. Russell, M.D. The jury found that Dr. Akin did not deviate from the recognized standard of acceptable professional practice and care in her community regarding the medical services provided to Brittany Gobble and Olivia Gobble. However, they determined that Dr. Russell did deviate from the recognized standard of acceptable professional practice and care in his community. Despite finding that Dr. Russell deviated from the standard of care, the jury concluded that his deviation was not a cause-in-fact of the injuries sustained by Olivia Gobble that would not have otherwise occurred in a Medical malpractice lawsuit.

Court Documents:

Available Upon Request