Mother says doctor's late delivery to blame for son's birth defects

By Kelly Holleran | May 16, 2013

Nearly eight months after her son was born, a Jefferson County woman blames her pre-natal doctor for causing her son’s severe neurological injuries, saying he did not timely deliver her son.

Maxquisha Johnson filed a lawsuit May 3 in Jefferson County District Court against Dr. Charles Robert Moses and the Medical Center of Southeast Texas.

In her complaint, Johnson claims she visited the Medical Center of Southeast Texas at about 10:23 a.m., Sept. 10, 2012, with complaints of painful contractions.

During Johnson’s stay at the hospital, Dr. Moses did not arrive. Instead, he spoke with nursing staff on the phone and ordered them to release Johnson at about 11:20 a.m., according to the complaint.

Still, the contractions continued, and Johnson again visited the hospital. Moses ordered her to take Brethine, a medication that is supposed to stop contractions, the suit states. However, the medication did not work and Johnson continued to experience the contractions. In addition, her son’s heart rate dropped to 70 to 90 beats per minute.

When Moses learned of Johnson’s condition, he ordered nursing staff for prepare her for a Cesarean section, the complaint says.

By 1:54 p.m., the baby’s heart rate dropped to 60 beats per minute and was not recovering. Moses assured nursing staff that he was on his way to the hospital to perform the C-section, but did not arrive until 2:14 p.m., according to the complaint.

It was not until 2:23 p.m. that Justin Chisholm Jr. was born, the suit states. By the time he was born, Chisholm had to be taken to Houston for a more intensive level of care, the complaint says.

“Later that morning, Dr. Moses informed Maxquisha that she had experienced placental abruption and uterine rupture,” the suit states. “Baby Justin suffered a severe neurological injury which has caused respiratory distress, difficulty eating, seizures, developmental delay and multiple hospitalizations. Justin has numerous injuries that will require life-long management and suffering.”

Because of his conditions, Chisholm experienced physical pain, mental anguish, physical impairment and disfigurement and lost his earning capacity, the complaint says. He also lost the society and companionship of his family and incurred medical costs, Johnson claims.

Johnson blames Moses for contributing to her son’s injuries, saying he negligently failed to timely evaluate hers and her son’s medical conditions, failed to properly manage her labor and delivery, failed to properly monitor Chisholm’s delivery, failed to communicate with nursing staff regarding Johnson’s condition and failed to come to the hospital to evaluate his patients on Sept. 10, among other negligent acts.

In her complaint, Johnson seeks actual damages in excess of the minimal limits of Jefferson County District Court, plus punitive damages, costs pre-judgment interest at the highest rate allowed by law and other relief the court deems just.

Les Weisbrod and Janet Dann of Miller Weisbrod LLP in Dallas will be representing her.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E194-309

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