A Georgia woman is suing a local hospital after alleging that the staff’s negligence led to her baby being decapitated while she was giving birth.
Jessica Ross, 20, filed a fraud and negligence lawsuit in Clayton County, Georgia against Southern Regional Medical Center — where she gave birth — along with the doctor and nurses who delivered her baby and the medical group at large, according to CBS affiliate WANF.
The lawsuit claims that on July 9, Ross had gone into labor and during the birthing process, her baby’s shoulders became stuck in the vaginal canal, per a report from CNN.
According to claims in the lawsuit the baby did not descend “due to shoulder dystocia,” — which the Cleveland Clinic describes as a condition where a baby’s shoulder or shoulders get stuck during vaginal delivery — and that during the delivery the doctor “attempted to deliver the baby vaginally using different methods including applying traction to the baby’s head.”
The suit goes on to claim, per CNN, that the physician “negligently applied excessive traction” on the baby’s head and the hospital “failed to do a Cesarean section in a timely and proper manner.” It claims that the result of this was, “Treveon Isaiah Taylor Jr.’s decapitation and death.”
The outlet also reported that the baby — who was named after Treveon Isaiah Taylor Sr., who is Ross’ partner — was delivered at full term.
Attorney Roderick Edmond claimed, per details in the suit, that the baby’s body and legs were removed during a subsequent C-section procedure, but the baby’s head was delivered vaginally, the Associated Press reported.
This C-section was performed three hours after Ross’ labor had started, when no heartbeat was detected on the heartbeat monitor, per details from the lawsuit reported by AP. The suit also claims, per Edmonds comments to the AP, that the parents had requested a C-section earlier than one was performed.
“They were so excited about the birth of their first child,” attorney Cory Lynch told AP. “Unfortunately, their dreams and hopes turned into a nightmare that was covered up by Southern Regional Medical Center.”
The complaint also claimed that the hospital staff did not immediately inform the parents of what happened and only let the parents view the dead child, which was wrapped tightly in a blanket with his head “propped on top of his body in a manner such that those viewing him could not identify that he had been decapitated,” per CNN. The parents allegedly learned four days later what happened.
“This caused immediate, profound emotional and mental anguish for [them]… emotional and mental anguish that they continue to experience and most probably will experience for the rest of their lives,” the complaint said, per WANF.
The country medical examiner’s office director, Brian Byers, told CNN that the autopsy on the baby was not complete. The cause of death has not yet been released.
Southern Regional Medical Center said in a statement to PEOPLE shared on Thursday that: “Due to patient privacy laws and HIPAA, we are unable to discuss the care and treatment of specific patients. Our heartfelt thoughts and prayers are with the family and all those impacted by this tragic event. Our prayers also remain with the dedicated team of physicians, nurses and staff at Southern Regional Medical Center who cared for this patient.”
“While our sympathies go out to the family, Southern Regional Medical Center denies the allegations in the Complaint referencing the hospital. Since this matter is in litigation, we cannot provide additional statements,” the statement continued.
Southern Regional Medical Center also said that the physician involved in Ross’ delivery, Dr. St Julian, “is not and never has been an employee of the hospital.” They added that the loss of Ross’ baby is “heartbreaking.”
Ross’ attorney Edmond & Lindsay LLP, did not immediately respond to PEOPLE’s request for comment. Dr. Tracey St. Julian did not immediately respond to PEOPLE’s request for comment.
The lawsuit, per WANF, asks for a jury trial and compensatory and punitive damages, along with $10,000 to cover the cost of their child’s funeral and burial.
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