Kaiser Blamed for ‘Purple and Floppy’ Baby

BAKERSFIELD, Calif. (CN) - A baby girl, born purple and floppy, has brain damage from lack of oxygen, her mom claims in Kern County Court.

Esmeralda Sandoval, on her own behalf and as guardian ad litem of her daughter Ahtziri Valeria Sandoval, sued San Joaquin Community Hospital, Adventist Health Southern CA Medical Foundation, Adventist Health, Adventist Health System West, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc., six doctors, six nurses, two nurse anesthetists and two other individuals, for medical negligence and intentional infliction of emotional distress.

According to Sandoval's lawsuit, baby Ahtziri was born on Jan. 1, 2014. It does not say which of the defendant hospitals handled the delivery. An undiagnosed and untreated condition left Ahtziri with brain damage, Sandoval claims.

"The true condition of plaintiff was neonatal hypoxic ischemic encephalopathy resulting in severe permanent brain injury," the complaint states. The baby had stopped breathing, according to the complaint.

"As a result of negligent care and treatment during the birth of her daughter, Ms. Sandoval suffered severe emotional distress as well as her own injuries. When Ms. Sandoval arrived at the hospital, she explained that the baby was not moving. Despite an initial reading of a strong heartbeat, the baby went into fetal distress two times. After the second episode, an emergency Caesarean was performed. When the baby was born, Ms. Sandoval could see that the baby was purple and floppy. The baby was not breathing and manually given oxygen. Ms. Sandoval was a witness to this, was at all times aware that the negligence of the defendants had caused this situation and was aware of what was happening," the complaint states.

Esmeralda and Ahtziri Sandoval seek general and non-economic damages, hospital, medical and incidental expenses, loss of earnings and earning capacity, prejudgment interest and costs of suit. They are represented by Daniel Rodriguez and Joel T. Andreesen of Rodriguez & Associates in Bakersfield, and by Janice F. Mulligan and Elizabeth A. Banham of Mulligan, Banham & Findley in San Diego.

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