On January 15, 2025, a Virginia medical malpractice claim involving a 21-year-old woman who was pregnant with her first baby in 2021 and who suffered brain damage as a result of a rare complication of pregnancy, was settled for $1.5 million. The Virginia medical malpractice claim was against her OBGYNs who provided medical care to her beginning in mid-June 2021, by which time she had been suffering from nausea and vomiting for weeks.
From mid-June to early August 2021, the woman’s medical condition deteriorated during which she suffered from intractable and uncontrolled vomiting, severe malnourishment, and during which time she lost about 40 pounds from her pre-pregnancy weight. Her diagnosis was hyperemesis gravidarum (severe nausea and vomiting during pregnancy that can lead to dehydration and weight loss) that progressed to metabolic derangement (the disruption of biochemical pathways that leads to imbalances in energy production and nutrient processing). She was subsequently diagnosed with Wernicke’s encephalopathy (a life-threatening acute neurological condition characterized by ophthalmoparesis (weakness or paralysis of one or more extraocular muscles that control eye movements) with nystagmus, ataxia, and confusion caused by thiamine deficiency, which primarily affects the peripheral and central nervous systems.
Wernicke’s encephalopathy during pregnancy is rare, however the risk factors for its development during pregnancy include persistent nausea with vomiting, electrolyte or nutrient deficiencies, and poor intake or weight loss, as were experienced by the woman.
She was diagnosed with Wernicke’s encephalopathy on August 9, 2021, after being hospitalized seven times and having been examined by the OBGYNs during six outpatient clinic visits.
The woman suffered permanent brain damage and was left with significant cognitive and memory impairment as well as neuro-ophthalmologic deficits. The woman’s thiamine deficiency could have been easily treated with supplemental, empiric thiamine, according to her experts, who testified that the American College of Obstetricians and Gynecologists guidelines require the administration of empiric thiamine for patients suffering from severe hyperemesis gravidarum.
Hyperemesis Gravidarum
Nausea and vomiting in pregnancy are common: up to ninety percent of women experience nausea during pregnancy. Symptoms usually begin prior to 9 weeks gestation, and the majority of cases are resolved by week 20. A minority of patients, approximately 3 percent, will continue to experience vomiting during the third trimester. Approximately 10 percent of patients with hyperemesis gravidarum will be affected throughout the pregnancy. Hyperemesis does not appear to become more likely with each pregnancy.
Studies showed that approximately 27 to 30 percent of women experience only nausea, while vomiting may be seen in 28 to 52 percent of all pregnancies. The incidence of hyperemesis gravidarum ranges from 0.3 to 3 percent, depending on the literature source. Geographically, hyperemesis appears to be more common in western countries.
If you or a loved one suffered harm as a result of medical negligence in Virginia or in another U.S. state, you should promptly find a Virginia medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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