A Florida midwife faces an administrative complaint from a state agency after allegations surfaced that she pulled and twisted a newborn’s head so hard that the force tore his nerves from his spine and left the baby with lifelong disabilities.
The Florida Department of Health has accused Sizzly Maria Auer, who also goes by Buchanan Gibb, of violating several safety protocols and state laws, including failing to maintain professional conduct, and multiple recordkeeping and licensing violations following a delivery she facilitated more than four years ago, WTSP reported.
Auer, who has been a licensed midwife since 2010, oversaw the home birth for Victoria Vasser in November 2021. Vasser gave birth to her son Dylan with Auer by her side, but not without some serious complications.
During the delivery, Vasser experienced shoulder dystocia, a medical emergency in which Dylan’s shoulder got stuck behind his mom’s pubic bone. Records indicate that instead of using standard medical maneuvers to dislodge the baby’s shoulder, Auer pulled on Dylan’s head and neck with excessive force.
The aggressive maneuver left Dylan with a flaccid right arm.
State investigators also learned that Auer instructed Vasser to push while the baby’s shoulder was still lodged behind her pubic bone.
“Licensed midwives should not instruct patients to ‘push’ during a shoulder dystocia,” the complaint states, per Law&Crime.
State officials also learned that Dylan was delivered in a birthing pool, and when he was pulled out of the water and gasping for air, Auer allowed him to go back underwater, which put him at risk of water aspiration.
He was left with severe injuries afterward.
The state says Dylan suffered “right global brachial plexus palsy due to trauma,” which is a nerve injury to the arm.
He underwent multiple surgeries that revealed several ruptures and avulsions of critical nerves, which are some of the most severe types of nerve damage because the nerve root is torn from the spinal cord.
Even after undergoing multiple treatments, Dylan is expected to have “permanent and severe deficits” in his right arm for life.
His delivery was also marred by the fact that Auer allegedly failed to meet basic professional requirements before, during, and after the birth.
State officials say she did not complete or maintain required informed consent forms or an emergency care plan, and never properly documented the care she facilitated. She also didn’t keep a record of Dylan’s Certificate of Live Birth.
Auer is also accused of misrepresenting her licensure status.
She filled out multiple license renewal applications, claiming she was not running a practice in Florida, despite annual reports she submitted that listed the number of Florida patients she’d seen and babies she delivered. Because of this claim, she was exempted from carrying liability insurance.
In 2018, she reportedly told the state she accepted 67 maternity clients and delivered 14 babies. In 2020, she reported 41 maternity clients and 19 deliveries. In 2022, she reported 84 maternity clients and 36 deliveries. Her applications were approved each of those years, and she never provided proof of required liability insurance.
The state’s administrative complaint could result in the suspension or revocation of Auer’s license, as well as fines, probation, and other penalties.
“Finally, something is being done,” Victoria Vasser, the mother of the injured child, said. “Finally, you know, we’re getting some answers.”
She was previously ordered to pay $12 million to Vasser to settle a lawsuit after failing to respond to the complaint or appear at related court proceedings. Vasser said she has been unable to collect the penalty since Auer has no insurance.
