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Sunday, May 19, 2024 | Back issues
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Parents Blame Kaiser for Baby’s Brain Damage

FAIRFIELD, Calif. (CN) - A baby's parents blame Kaiser for his delayed delivery and subsequent brain damage, in Solano County Superior Court.

Richelle Tinnarello, individually and as guardian ad litem of Cru Tinnarello, and her husband Anthony Tinnarello, sued Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals and The Permanente Medical Group, alleging negligence and negligent infliction of emotional distress. Anthony Tinnarello also sued for loss of consortium.

According to the lawsuit, Cru Tinnarello was born March 22, 2014.

During labor, fetal heart rate monitoring during Richelle Tinnarello's labor "showed that Cru Tinnarello was in fetal distress and not receiving an adequate supply of blood and oxygen, as evidenced by prolonged drops in the fetal heart rate," the complaint states.

"Defendants and each of them, ignored the fetal heart rate tracings and obvious fetal distress and failed to timely deliver Cru Tinnarello," it continues.

Kaiser should have done a Caesarean soon, but because of the delay, Cru has brain damage from oxygen deprivation, according to the complaint.

Anthony Tinnarello was there during the labor and had severe emotional distress as a result of what was happening, he claims.

"This negligent medical care was obvious to and within the common knowledge of the average layman. Mr. Tinnarello had been educated by the defendants that the normal range of fetal heart rates was between 120 and 160 beats per minute, and that heart rates not within those ranges evidenced that his child was receiving a decreased supply of blood and oxygen to his brain. Throughout the labor, Mr. Tinnarello witnessed that his son's heart rate was frequently well below the normal range, and also well above the normal range," the complaint states. The Tinnarellos seek general and special damages, past and future medical expenses, loss of future earning and earning capacity and costs of suit. They are represented by Bruce G. Fagel in Beverly Hills.

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