Shattered Expectations
A Preventable Birth Injury, A Lifetime of Care, and Justice for Baby Charlie in Pittsburgh
For “Sarah” and “Mark,” a young couple from a tight-knit neighborhood near Pittsburgh, the birth of their third child was supposed to be as joyous and uncomplicated as their first two. Sarah’s previous pregnancies had been healthy, aside from a manageable condition called hydronephrosis, which required routine stent placement. But during a scheduled stent exchange procedure for their unborn son, “Charlie,” a treatable complication was ignored, leading to catastrophic consequences. A failure to monitor and respond to clear signs of distress resulted in severe Hypoxic Ischemic Encephalopathy (HIE) for Charlie, leaving him with profound, lifelong disabilities. This case study details how the medical malpractice team at Lupetin & Unatin, LLC fought to secure a historic settlement, ensuring Charlie’s future is secure and providing his family with the resources to give him the best life possible.
A Simple Life, A Routine Procedure
Before Charlie, life for Sarah and Mark was blissfully ordinary. They lived in a modest home in a friendly neighborhood where everyone knew each other. Mark worked hard to provide for the family, while Sarah balanced her career with raising their two healthy, energetic older children, who attended the local school. They were a close family, finding joy in the simple rhythms of daily life—school runs, family dinners, and weekends spent playing in the yard.
One of their greatest joys was celebrating the holidays. Sarah and Mark were known in the neighborhood for going all out. Whether it was Christmas, Halloween, or the Fourth of July, their home was always adorned with massive inflatables, dazzling lights, music, and even smoke machines. It was a tradition that brought the whole community together, a vibrant expression of their family’s spirit.
Sarah’s pregnancies always came with a known challenge: hydronephrosis of pregnancy. This condition causes the kidneys to swell due to the pressure of the growing uterus. For Sarah, it was a familiar hurdle she had cleared twice before without issue. Her doctors managed it with routine ureteral stent placements and exchanges—a standard procedure she had undergone multiple times safely.
When she arrived at a major Pittsburgh hospital for a scheduled stent exchange at 34 weeks gestation, Sarah and Mark expected nothing out of the ordinary. They anticipated a quick procedure, a brief recovery, and a return to preparing for their new arrival. They had no idea that a series of medical errors was about to shatter their simple life forever.
The Medical Condition: Aortocaval Compression Syndrome and Neglected Distress
The procedure was meant to be routine, but the execution was anything but. To perform the stent exchange, the medical team placed Sarah flat on her back (supine) on the operating table.
The Complication: When a pregnant woman in her third trimester lies flat on her back, the weight of the uterus can compress the inferior vena cava—the major vein returning blood to the heart. This can cause a condition known as Supine Hypotensive Syndrome, also referred to as Aortocaval Compression Syndrome. This compression leads to a sudden drop in maternal blood pressure (hypotension) and a spike in heart rate (tachycardia). Crucially, this drop in maternal blood pressure reduces blood flow to the placenta, cutting off the baby’s oxygen supply.
This is a well-known risk in obstetrics. The standard of care requires immediate action: reposition the mother to her side (left lateral tilt) to relieve the pressure, consult an obstetrician, and monitor the fetal heart rate.
The Negligence: Almost immediately after being positioned, Sarah complained of severe abdominal pain. Her blood pressure dropped, and her heart rate spiked—classic signs of Aortocaval Compression Syndrome.
- Instead of recognizing the danger, the urologist and anesthesia team ignored the red flags.
- They did not reposition her.
- They did not consult an obstetrician.
- They did not place a fetal heart monitor.
- They proceeded with the elective procedure while Sarah lay hypotensive and in pain for nearly 20 minutes, effectively starving baby Charlie of oxygen.
It wasn’t until Sarah woke up from anesthesia, writhing in pain, that an obstetrician was finally called. By then, it was too late. A check of the fetal heart rate revealed Charlie was in severe distress, with a heart rate plummeting into the 90s. An emergency C-section was ordered, but the “Golden Window” to prevent injury had closed.
The Harm Caused: Hypoxic Ischemic Encephalopathy (HIE)
Charlie was born pale, limp, and not breathing. He required aggressive resuscitation, including intubation and chest compressions. His umbilical cord blood gas showed severe acidosis, confirming he had been deprived of oxygen for a prolonged period.
The diagnosis was Hypoxic Ischemic Encephalopathy (HIE)—a type of brain damage caused by oxygen deprivation.
The Aftermath: At first, Sarah and Mark held onto hope. Charlie underwent therapeutic cooling (hypothermia protocol) to try and limit the brain damage. They prayed that his brain would be spared. But follow-up imaging shattered those hopes. CT scans and MRIs confirmed the worst: Charlie had suffered a massive, global brain injury affecting his cortex, basal ganglia, and thalamus—the areas responsible for movement, sensation, and consciousness.
Charlie’s injuries are profound and permanent:
- Spastic Quadriplegic Cerebral Palsy: He has severe muscle stiffness and cannot walk, sit, or roll over independently.
- Seizure Disorder: He suffers from infantile spasms and requires multiple medications to control seizures.
- Cortical Visual Impairment: He is legally blind due to brain damage affecting his vision processing.
- Global Developmental Delay: He is non-verbal and dependent on a feeding tube (G-tube) for all nutrition.
The impact on the family was immediate and overwhelming. Sarah was forced to make a heart-wrenching decision: she had to quit her job to provide the 24/7 care Charlie needed just to survive. Their modest home was ill-equipped for a child with complex disabilities. Navigating narrow hallways with a wheelchair, lifting a growing boy in and out of the bath, and managing round-the-clock medical care became an exhausting struggle. Yet, through it all, the family remained incredibly close. Charlie became the center of their world, bringing them together in a way they never expected, teaching them resilience and unconditional love.
Through thick and thin, they have kept their holiday tradition alive. It looks a little different now, but the spirit is stronger than ever. They now incorporate Charlie into the festivities, creatively dressing up his wheelchair in different holiday themes or costumes, ensuring he is always at the heart of their celebrations.
The Need for Justice: Lupetin & Unatin Steps In
Sarah and Mark knew something had gone wrong. How could a routine procedure for a known condition result in such a catastrophe? They turned to Lupetin & Unatin, LLC for answers.
Our medical malpractice team, led by Brendan Lupetin and Greg Unatin, launched a rigorous investigation. We obtained the medical records and hired world-class experts to review every minute of Sarah’s care.
The Expert Analysis:
- Anesthesiology Expert: Confirmed that the anesthesia team failed to recognize and treat Sarah’s hypotension, violating the standard of care by proceeding with an elective procedure on an unstable patient.
- Obstetrics Expert: Testified that had the team simply repositioned Sarah or monitored the fetal heart rate, the distress would have been detected instantly. An earlier C-section would have saved Charlie’s brain.
- Physical Medicine & Rehabilitation Expert: We hired a world-class physiatrist who evaluated Charlie and outlined a comprehensive Life Care Plan. This document detailed every therapy, medication, surgery, and piece of adaptive equipment Charlie would need for the rest of his life—projecting costs into the tens of millions.
We built a case that was undeniable: Charlie’s injury was 100% preventable. It was caused by a failure to follow basic safety protocols for pregnant patients.
The Outcome: A New Home and A Secure Future
Armed with irrefutable evidence, we engaged in intense negotiations with the hospital and physicians. We refused to settle for anything less than what Charlie needed to live a dignified, safe life.
The Result: We secured a massive eight-figure confidential settlement that has transformed the family’s reality.
- A Home for Charlie: The settlement allowed Sarah and Mark to purchase a beautiful, spacious new home custom-designed for Charlie’s needs. It features wide open spaces for his wheelchair, a dedicated therapy room, and an accessible bathroom, allowing him to move freely and be part of every family activity.
- Full Funding for Care: The settlement fully funded Charlie’s Life Care Plan. A Special Needs Trust was established to ensure he will always have access to the best private nursing, physical therapy, speech therapy, and medical equipment for the rest of his life.
- Income Replacement for Sarah: The settlement provided complete income replacement for Sarah. This financial security means she never has to worry about returning to the workforce; she can focus entirely on being a mother to Charlie and his siblings without financial stress.
- Daily Care Support: The settlement funds also allow the family to hire a professional care attendant every day. This extra set of hands helps with Charlie’s complex medical needs, giving Sarah and Mark much-needed respite and allowing them to be parents first, rather than just medical caregivers.
- Justice for Sarah: We also secured a significant settlement for Sarah individually, acknowledging the immense trauma she suffered—waking up in pain, fearing for her life, and carrying the emotional weight of her son’s preventable injury.
Today, Charlie is surrounded by love and lights. His older siblings adore him, and his parents have the resources to just be parents, rather than stressed caregivers fighting for basic services.
Why Choose Lupetin & Unatin?
This case illustrates the difference a dedicated, specialized legal team can make. At Lupetin & Unatin, LLC, we don’t just handle cases; we champion families. We understand that a birth injury doesn’t just affect a child; it reshapes an entire family’s future.
If your child suffered a birth injury like HIE, Cerebral Palsy, or brain damage due to a delayed delivery or medical error in Pittsburgh or anywhere in Pennsylvania, do not wait. You deserve answers, and your child deserves justice.
Contact us today for a free consultation. Let us fight for your family’s future.
Disclaimer: The case study described above is based on a real matter handled by Lupetin & Unatin, LLC. Names and identifying details have been changed to protect the privacy of the family. Past results do not guarantee future outcomes.