Lawsuit claims University of Iowa Hospitals negligent during C-section delivery

An Iowa woman and her husband are suing the state in its capacity as operator of the University of Iowa Hospitals and Clinics after doctors allegedly cut her bladder during a C-section delivery in 2008 and failed to deliver her son without injury, according to the lawsuit.

Jody and Steve Schmitz, of Washington, Iowa, arrived at the Iowa City hospital about 4:43 a.m. Feb. 20, 2008, in active labor with their son, Aidan Schmitz, according to the lawsuit that was filed last week in Johnson County District Court.

More than eight hours later, Jody Schmitz was taken to the operating room for a C-section, where she suffered a laceration to the dome of her bladder, according to the lawsuit.

That injury had to be repaired during the C-section, the lawsuit states, and Aidan was born at 2:17 p.m. Feb. 20. He suffered skull deformity, a partial skull fracture and several areas of subdural hemorrhage during the “traumatic birth,” according to the couple's lawsuit.

Jody Schmitz developed complications as a result of her bladder injury, the lawsuit states, including infection, bowel obstruction, pelvic abscess and wound separation. She had to be placed on a feeding tube.

“Mr. and Mrs. Schmitz contend that the State of Iowa is liable for the negligence of UIHC personnel in the handling of the labor and delivery,” according to the lawsuit. “The UIHC staff negligently failed to promptly and safely deliver Aiden, and failed to promptly take Mrs. Schmitz to the operating room.”

The doctors' conduct “constitutes medical negligence and breach of fiduciary duty” as they failed to provide the skill, care and learning typical of other doctors, specialists and hospitals, according to the lawsuit.

Schmitz was left with a bladder injury and Aidan with a birth injury, and the parents in their lawsuit say the state “was a cause of the injuries.”

They originally filed their complaints with the State Appeal Board, which denied their claims, according to the lawsuit.

The couple is seeking damages for all that Aidan has experienced and might experience related to the injury including physical and mental pain, loss of full body, income and earning capacity and future medical expenses.

They also are seeking damages for Schmitz' pain and suffering, loss of full body, medical expenses and loss of companionship of their son, according to the lawsuit.