United States District Court, M.D. Florida, Tampa Division
A.M., by and through her parents and natural guardians Duval Malcom and Shawntel Gordon, DUVAL MALCOLM, and SHAWNTEL GORDON, Plaintiffs,
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.
Elizabeth A. Kovachevich United States District Judge.
plaintiffs, A.M. and her parents and natural guardians Duval
Malcolm and Shawntel Gordon (collectively, the
"Plaintiffs"), sue the defendants 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.
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.
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 ...