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A.M. v. Bayfront HMA Medical Center, LLC

United States District Court, M.D. Florida, Tampa Division

August 28, 2019

A.M., by and through her parents and natural guardians Duval Malcom and Shawntel Gordon, DUVAL MALCOLM, and SHAWNTEL GORDON, Plaintiffs,
v.
BAYFRONT HMA MEDICAL CENTER, LLC, d/b/a BAYFRONT MEDICAL CENTER n/k/a BAYFRONT HEALTH ST. PETERSBURG d/b/a BAYFRONT BABY PLACE AT ALL CHILDREN'S HOSPITAL, et al., Defendants.

          ORDER

          Elizabeth A. Kovachevich United States District Judge.

         The plaintiffs, A.M. and her parents and natural guardians Duval Malcolm and Shawntel Gordon (collectively, the "Plaintiffs"), sue the defendants[1] for medical malpractice. (Doc. 26). Bayfront, Deluca, Gibson, Hurley, and Segler (collectively, the "Bayfront Defendants"), (Doc. 24), All Children, (Doc. 35), Sanchez, (Doc. 36), and the Board, (Doc. 47), move to abate certain of the Plaintiffs' claims and to dismiss the others. The Plaintiffs oppose in part. (Docs. 33, 37, 63, 57). The Court will grant-in-part and deny-in-part the motions.

         I. Background

         On March 20, 2016, at approximately 8:00 p.m., Shawntel Gordon was admitted into Bayfront Baby Place, a perinatal intensive care center operated by Bayfront and located at All Children, after experiencing contractions and early signs of labor. (Doc. 26 at ¶1). Twenty-five hours later, her daughter, A.M., was born with a hypoxic-ischemic encephalopathic brain injury. Id. at ¶¶43, 46. The Plaintiffs allege A.M.'s injury was a direct result of the Defendants' labor and delivery mismanagement. Id. at ¶¶32-46.

         The Plaintiffs sue five individuals - four registered nurses employed by Bayfront and a student nurse midwife enrolled in the University of Florida College of Nursing ("UFCON") midwifery program - and four separate entities - Bayfront, the owner and operator of Bayfront Baby Place, All Children, the hospital out of which Bayfront Baby Place operates, the Board, which governs UFCON, and the United States, which funds the healthcare center that employs Ms. Gordon's OB-GYN and her certified nurse midwife. Id. at ¶¶8-26. The Plaintiffs assert the following sixteen causes of action against the Defendants:

Count I Willful, reckless, and wanton disregard of human rights and safety (Sanchez)
Count II Negligence (Deluca)
Count III Willful, reckless, and wanton disregard of human rights and safety (Deluca)
Count IV Negligence (Gibson)
Count V Willful, reckless, and wanton disregard of human rights and safety (Gibson)
Count VI Negligence (Hurley)
Count VII Willful, reckless, and wanton disregard of human rights and safety (Hurley)
Count VIII Negligence (Segler)
Count IX Willful, reckless, and wanton disregard of human rights and safety (Segler)
Count X Vicarious liability based on negligence (Bayfront)
Count XI Vicarious liability based on willful, reckless, and wanton disregard of human rights ...

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