Sample Minnesota Birth Injury Lawsuit

Plaintiffs Michelle Rodriguez and Samuel Rodriguez, individually and as parents and natural guardians of Sofia Rodriguez, by and through their attorneys, bring this action against the defendants and allege as follows:

INTRODUCTION

1. This is a medical malpractice action arising from the negligent care and treatment rendered to Michelle Rodriguez and Sofia Rodriguez by Defendants Dr. Jane Newman, NorthStar Medical Group, LLC d/b/a Northern Lights Nurse Midwives, and Minnesota Women’s Healthcare, P.C., in Hennepin County, Minnesota.

PARTIES

2. At all times relevant, Plaintiffs Michelle Rodriguez and Samuel Rodriguez were Hennepin County, Minnesota residents.
3. At all times relevant, Plaintiff Sofia Rodriguez was a resident of Hennepin County, Minnesota, and the minor child of Plaintiffs Michelle Rodriguez and Samuel Rodriguez.
4. At all times relevant, Defendant Dr. Jane Newman was a physician licensed to practice medicine in the State of Minnesota, specializing in obstetrics and gynecology.
5. At all times relevant, Defendant Minnesota Women’s Healthcare, P.C., was a professional corporation organized under the laws of the State of Minnesota, maintaining a principal place of business in Hennepin County, Minnesota.
6. At all times relevant, Defendant NorthStar Medical Group, LLC d/b/a Northern Lights Nurse Midwives was a limited liability company organized under the laws of the State of Minnesota, maintaining a principal place of business in Hennepin County, Minnesota.
7. At all times relevant, Defendant Jane Weston was a certified nurse-midwife licensed to practice in the State of Minnesota.

JURISDICTION AND VENUE

8. This Court has jurisdiction over the parties and the subject matter of this action under Minnesota law.
9. Venue is proper in Hennepin County because the events giving rise to the Plaintiffs’ claims occurred in Hennepin County, Minnesota.

FACTUAL BACKGROUND

10. On or about February 4, 2023, Plaintiff Michelle Rodriguez placed herself under the care and treatment of Defendants Dr. Jane Newman and Minnesota Women’s Healthcare, P.C., to deliver her child, Sofia Rodriguez.
11. On or about February 4, 2023, Plaintiff Michelle Rodriguez placed herself under the care and treatment of Defendants Jane Weston and NorthStar Medical Group, LLC d/b/a Northern Lights Nurse Midwives to deliver her child, Sofia Rodriguez.
12. During the labor and/or delivery of Sofia Rodriguez on or about February 4, 2023, Defendants Dr. Jane Newman and Jane Weston were negligent in their care and treatment of Michelle Rodriguez and Sofia Rodriguez. Specifically, Defendants

• • deviated from the established standards of practice by neglecting to prescribe insulin for the management of persistently elevated blood glucose levels for gestational diabetes.
  • deviated from the established standards of practice by failing to record an acknowledgment and understanding of Mrs. Rodriguez’s risk factors for shoulder dystocia.
  • deviated from the established standards of practice by not disclosing to Mrs. Rodriguez the risks of having a large gestational age infant, a macrosomic infant, and/or an infant with altered fat distribution, any or all of which increased the likelihood of injury during delivery.
  • deviated from the established standards of practice by neglecting to obtain an ultrasound before delivery to better evaluate the fetus’s size.
  • deviated from the established standards of practice by not discussing the potential dangers of vaginal delivery under the given circumstances and offering the option of a cesarean section.
  • deviated from the established standards of practice by applying excessive lateral force to the fetal head during delivery, leading to severe traumatic injury to Sofia Rodriguez.

FIRST CLAIM FOR RELIEF (Medical Negligence – Dr. Newman)

13. Plaintiff incorporates Paragraphs 1 through 12 of this Complaint herein by reference.
14. On or about February 4, 2023, Plaintiff Michelle Rodriguez placed herself under the care and treatment of Defendant Dr. Jane Newman to deliver her child, Sofia Rodriguez.
15. During the labor and/or delivery of Sofia Rodriguez by Defendant Dr. Jane Newman on or about February 4, 2023, Defendant Dr. Jane Newman was negligent in her care and treatment of Michelle Rodriguez and Sofia Rodriguez.

SECOND CLAIM FOR RELIEF (Medical Negligence – Jane Weston)

16. Plaintiff incorporates Paragraphs 1 through 15 of this Complaint herein by reference.
17. On or about February 4, 2023, Plaintiff Michelle Rodriguez placed herself under the care and treatment of Defendant Jane Weston to deliver her child, Sofia Rodriguez.
18. During the labor and/or delivery of Sofia Rodriguez by Defendant Jane Weston on or about February 4, 2023, Defendant Jane Weston was negligent in her care and treatment of Michelle Rodriguez and Sofia Rodriguez.

THIRD CLAIM FOR RELIEF (Vicarious Liability – Minnesota Women’s Healthcare, P.C.)

19. Plaintiff incorporates Paragraphs 1 through 18 of this Complaint herein by reference.
20. At all times relevant, Defendant Dr. Jane Newman was an employee, agent, or ostensible agent of Defendant Minnesota Women’s Healthcare, P.C.
21. Defendant Minnesota Women’s Healthcare, P.C., is vicariously liable for the negligence of Defendant Dr. Jane Newman in her care and treatment of Michelle Rodriguez and Sofia Rodriguez.

FOURTH CLAIM FOR RELIEF (Vicarious Liability – NorthStar Medical Group, LLC d/b/a Northern Lights Nurse Midwives)

22. Plaintiff incorporates Paragraphs 1 through 21 of this Complaint herein by reference.
23. At all times relevant, Defendant Jane Weston was an employee, agent, or ostensible agent of Defendant NorthStar Medical Group, LLC d/b/a Northern Lights Nurse Midwives.
24. Defendant NorthStar Medical Group, LLC d/b/a Northern Lights Nurse Midwives, is vicariously liable for the negligence of Defendant Jane Weston in her care and treatment of Michelle Rodriguez and Sofia Rodriguez.

WHEREFORE, Plaintiffs Michelle Rodriguez and Samuel Rodriguez, individually and as parents and natural guardians of Sofia Rodriguez, respectfully request that this Court enter judgment in their favor and against Defendants, awarding the following relief:

A. Compensatory damages in an amount to be determined at trial;

B. Prejudgment and post-judgment interest as allowed by law;

C. The costs of this action, including reasonable attorneys’ fees; and

D. Such other and further relief as this Court deems proper.

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury on all issues so triable.

ACKNOWLEDGMENT

I acknowledge that pursuant to Minn. Stat. § 549.211 (2), costs disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if this Court should find I acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass, or committed a fraud upon the Court.

Dated: ________, 2023

• Minnesota Birth Injury Law
• $1 Million Minnesota Shoulder Dystocia Verdict
• $8.9 Million Fetal Macrosomia Verdict in Minnesota (and a list of other verdicts around the country)
• Settlement Amounts for Injury and Death Claims in Minnesota (and malpractice law)
• Independent Contractor Liability in Hospital Settings under Minnesota Law