A Georgia couple filed a lawsuit alleging their baby’s head was decapitated during the birthing process, but hospital staff did not tell them until the mother was discharged.
Police are investigating the validity of the claim against the Southern Regional Medical Center and others involved.
Attorneys for Jessica Ross and Treveon Isaiah Taylor, Sr. filed a civil claim against Dr. Tracey L. St. Julian, six male and female doctors, Prime Healthcare Services/ Southern Regional Medical Center in metro Atlanta, according to court documents obtained by Atlanta Black Star.
The couple was anxiously expecting their first child and were “devastated to learn that not only did their baby not survive the delivery, but he was also tragically decapitated in the process,” lawyers said via email.
Ross, the 20-year-old mother, was a high-risk pregnancy due to her struggles with Type 2 diabetes. At 4 feet 9 and 200 pounds, her diabetes, according to the lawsuit, was not under control throughout her pregnancy and under strict observation by the maternal-fetal medicine specialists for the high-risk obstetrics team at Atlanta Perinatal Associates.
She went into labor on July 9, and a month later, via a newly announced lawsuit, the couple is asking a Clayton County court to award them damages after a trial by jury.
On the day her son was to be born, her water broke at 10 a.m., and she was rushed to Southern Regional Medical Center but was not fully dilated until 8:40 p.m.
According to the lawsuit, the baby stopped his descent, but Ross still pushed and tried to give birth naturally for three additional hours.
The complaint states St. Julian stepped in to deliver the boy “using different methods, including applying traction to the baby’s head.”
By 11:49 p.m., the doctor decided to perform a STAT Cesarean section but could not complete it until around 3 a.m. the next morning.
On July 10, the baby’s legs and body were delivered via Cesarean, but his head was delivered vaginally, the claim says.
The parents said they were not immediately told about the decapitation and were not advised after Ross was discharged.
“When Ms. Ross and Mr. Taylor demanded to see and hold their baby, hospital staff told them that they were not allowed to touch or hold their child,” a statement from attorneys for the couple says, “Hospital staff allowed the young couple to only view their dead child. During this viewing, their baby was wrapped tightly in a blanket with his head propped on top of his body in a manner such that those viewing him could not identify that he had been decapitated.”
While the family is filing a civil claim, the Clayton County Police Department has opened an investigation into the death of the baby, whose name was Treveon Isaiah Taylor Jr.
According to a tweet, the hospital didn’t notify the Clayton County Medical Examiner’s office until three days after the baby’s death.
The lawsuit alleges St. Julian demonstrated gross negligence. The doctor’s decisions were made during Ross’ crisis, but the lawsuit claims no consultation with other medical professionals (nurses or doctors) occurred for each step.
The doctor is further accused of recklessly applying excessive force to the baby’s head and neck during delivery. She is also accused of “grossly negligently” applying “excessive traction” to the baby’s head and neck during his delivery. The nurses are also scrutinized for not initiating emergency obstetrical protocols promptly when Ross faced a crisis.
Additionally, the family alleges that both the hospital and its staff committed fraud and intentionally inflicted emotional distress by withholding information about the baby’s “decapitation during the first discussion” of the baby’s death with Ross, Taylor, and their family.
The lawsuit seeks compensation for the potential value of the baby’s life, encompassing potential earnings and happiness. It also aims to redress the agony of the baby’s suffering and death, alongside Ross’ emotional and physical distress.
