Parents claim baby's untreated jaundice resulted in brain damage

Michelle Keahey, East Texas Bureau Jun. 10, 2012, 8:23am


MARSHALL - The parents of a newborn suffering from brain damage have filed a lawsuit against a Longview doctor and medical center, claiming they failed to test their baby for jaundice.

Tri'Micah London Sr. and Joy C. London, individually and as parents and next friend of T.L. a minor, filed suit against Dr. Samantha Chaikin and Premiere Pediatrics on June 6 in the Eastern District of Texas, Marshall Division.

The defendants are accused of negligent management and treatment of the plaintiffs' minor's newborn July 29-Aug. 3, 2010.

The child was born on July 25, 2010, at Longview Regional Medical Center and was discharged without jaundice noted.

But according to the suit, by the afternoon of Aug. 3, 2010, the baby had to be taken to the emergency room because it was showing signs of sudden neurologic deterioration and possible seizures. The baby was air transported to Children's Medical Center in Dallas with critical hyperbilirubinemia, the suit states.

According to court documents, the baby suffered brain damage and loss of hearing.

The defendants are accused of medical negligence for failing to order a blood test on July 29, 2010; failing to respond to bilirubin levels with testing, phototherapy and increased fluid administration; and failing to immediately send the baby to the nearest hospital for testing and treatment.

The lawsuit is seeking an award of damages for medical expenses, loss of earning capacity, physical pain and suffering, mental impairment, mental anguish, physical impairment, loss of services for the minor child, interest and court costs.

Blake C. Erskine of Erskine & McMahon in Longview and Robert J. Talaska and Timothy L. Culberson of The Talaska Law Firm in Houston are representing the plaintiffs.

A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:12-cv-00315

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