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March 29, 2007

Medical malpractice trial on behalf of child born in Enid is continuing

By Cass Rains Staff Writer

The trial of a medical malpractice suit filed four years ago is under way and could last into next week.

The parents of a child born under the care of Integris Bass Baptist Health Center, Dr. Richard E. Staerkel and Women’s Health and Wellness are suing on behalf of the child, whom they allege suffered fetal and/or maternal distress while in the defendants’ care.

According to the suit, Sharla Gould was in the care of Staerkel up to the time of the birth of her and her husband Jerry’s daughter, Josie Belle.

The suit claims nurses at the hospital under direction of Staerkel administered a toxic dose of Cytotec, a drug used to induce labor.

The suit also claims the defendants were negligent in caring for abnormal bleeding during Sharla’s delivery, and Josie was not delivered in a timely manner and “was severely neurologically depressed at the time of birth.”

The suit also alleges the hospital failed to maintain records needed for the plaintiff’s investigation into its claim of malpractice.

Staerkel also is accused of failing to properly monitor and evaluate Sharla and Josie, failing to diagnose fetal and/or maternal distress, failing to perform a timely Cesarean section and failing to retain a skilled resuscitation team to treat Josie.

The Goulds are seeking compensation for damages suffered by Sharla and Josie and for mental anguish, grief, loss of comfort, support and joy of Josie, as well as medical, rehabilitative and other costs of care until Josie is 18.

They also seek damages for grief, physical and mental impairment, disfigurement, pain, loss of enjoyment of life, medical, rehabilitative and other costs of care throughout the girl’s life.

In a response to the Goulds’ suit, the hospital denied negligence claims.

In its answer, an attorney for the hospital responded, “... this defendant states that all hospital care rendered to the plaintiffs was at all times proper and in accordance with accepted standards and was not negligent.”

The trial began March 19, with two days of jury selection, resulting in the nine-woman, three-man jury.

The trial will resume its seventh day of testimony and presentations of evidence today.

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