THE BLOG

Will a Lawsuit Solve Our Medical Nightmare?

10/21/2013 05:30 EDT | Updated 01/23/2014 06:58 EST

This is the story of my daughter Audrey's journey in life. She was born 12 weeks early and spent 78 days in the NICU. There were complications, so I started a blog for her to update our family and friend and give Audrey a voice to let her share her perspective on the challenges she have faced and triumphs she seeks as a child with special needs.

This is the story of my journey in life. I was born 12 weeks early and spent 78 days in the NICU. There were complications and this blog is intended to help our family and friends stay updated.

Hi everyone, it's been over a year and half since I've last given you an update. Lot's of good things have been happening with me. I've made some tremendous progress.

But the biggest development that has been preventing me from posting is that back in Nov 2011, Mommy and Daddy filed a medical malpractice lawsuit against California Pacific Medical Center, the hospital where I spent 78 days in the NICU and Pediatrix, the neonatology practice that provided the care for me during that time.

In the summer of 2011, Daddy ordered all my medical records from CPMC. He wanted to understand everything that occurred while I was in the NICU to see if he could make sense in his own mind if there was an explanation or answers to the one question Mommy and Daddy asked when they found out I had PVL...was there an event or did something happened that would have decreased the bloodflow and oxygenation to my brain?

Well, Daddy found the proverbial needle in the haystack, buried deep inside over 1,500 pages of my medical records. He was shocked to find a series of events that I experienced that Mommy and Daddy were never told or made aware happened to me. Events that Daddy recognized that could explain my brain injury or at a minimum exacerbated and made my condition worse, contributing to my brain injury.

These events occurred and were documented in my medical records but never told to Mommy or Daddy by the doctors or nurses. So for over a year, Mommy and Daddy were left wondering what happened to me and the only answer offered by the doctors at the time was that I was a really sick baby and they wouldn't be able to pinpoint any specific event of hypoxia or low bloodflow to my brain while I was in the NICE that could be the cause of my brain injury.

Over the last 18 months, we've pursed legal action and as of October 16, 2013, the hospital CPMC and Pediatrix did not offer any type of settlement. What I did get was a nice scary Offer to Compromise (998) letter from CPMC's high-priced lawyers that basically said if we dismissed the case, they would waive coming after me for all their legal and expert witness expenses.

And apparently CPMC and Pediatrix have lined up a whole bunch of world-renowned experts in every medical expertise to come testify at trial that the events Daddy found in the medical records were just a typical day in the NICU and that even if the event was somewhat out of the ordinary, it could not have caused or contributed to my brain injury.

We are going to trial Monday October 21, 2013 at San Francisco Superior Court. It's a David vs. Goliath story. So I ask that you keep us in your thoughts and help us manifest justice. Lady Justice is blind and I have Cortical Visual Impairment...but I believe everyone will see that what really happened to me has now been uncovered and the truth was not shared with Mommy and Daddy by those who knew at the time.

All we are seeking is the truth and accountability, so I will be updating this blog during the trial. For those that want to follow this legal journey and decide for yourself what is the truth, I will be posting the evidence and facts presented at trial, as they come available at www.cpmc-nicu.com.

I wonder how many other families have been left wondering what happened to their baby in the NICU???