Mother alleges daughter's cerebral palsy could have been avoided

By Kelly Holleran | Sep 20, 2013

The mother of a 2-year-old girl claims her daughter was born with cerebral palsy because of doctor’s actions during her delivery.

Kalyn Mary Pedigo claims her daughter, Mary Kathryn Pedigo, began displaying involuntary movements shortly after her birth on July 5, 2011. The condition, called dyskinetic cerebral palsy, is caused by damage to the basal ganglia in the brain, according to the suit.

Kalyn Mary Pedigo alleges doctors could have prevented the medical condition from occurring had they properly monitored her during her delivery and had they effectively communicated with her doctor.

According to the suit, for instance, Kalyn Mary Pedigo arrived at defendant Baptist Hospitals of Southeast Texas-Beaumont on July 4 with leaking of amniotic fluid. Staff at the hospital then noted continually increasing blood pressure, but failed to notify Kalyn Mary Pedigo’s doctor, defendant Dr. Kevin Waddell, of her condition, according to the complaint filed Sept. 12 in Jefferson County District Court.

It was not until 8:15 the following morning that Dr. Waddell found out about Kalyn Mary Pedigo’s condition and diagnosed her with severe preeclampsia, the suit states. Shortly thereafter, Mary Kathryn Pedigo was born, the complaint says.

Since then, the baby has missed all of her development milestones, Kalyn Mary Pedigo claims. Her daughter has also been diagnosed with cerebral palsy, according to the complaint.

Because of the incident, Kalyn Mary Pedigo and her daughter suffered physical pain and mental anguish, incurred medical costs and sustained a physical incapacity and impairment, the suit states.

Kalyn Mary Pedigo is seeking an unspecified judgment, plus costs, pre- and post-judgment interest at the legal rate and other relief the court deems just.

Craig Lewis of The Lewis Law Firm in Houston will be representing her.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B194-728

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