Legacy Health System’s use of and promotion of water births is criticized in an amended lawsuit filed Wednesday (Jan. 14) on behalf of a Portland child and his parents. Luca Marino was born December 14, 2011 at Legacy Emanuel Medical Center. Legacy assured his parents, Amy Benton and Matthew Marino, that a water birth would be safe. Luca went without oxygen for a significant portion of the birth and was later diagnosed with cerebral palsy.
“This boy will need a great deal of care the rest of his life,” said Portland attorney Rich Rogers, who represents Luca and his parents. “His parents have had their lives greatly altered. The sad thing is, none of it had to happen. Legacy failed to inform Amy and Matthew of the dangers of water birth and failed to provide a safe environment for the baby’s birth.”
The lawsuit outlines the negligence by Legacy:
- Failure to deliver Luca on time
- Failure to deliver Luca by cesarean section when a c-section was needed
- Failure to resuscitate Luca when his breathing failed
- Failure to adequately train midwives and nurses so they could react properly during the birth
- Failure to have an obstetrician on duty when indications required one
- Failure to monitor Luca’s fetal heart rate with continuous electronic fetal heart rate monitoring
The lawsuit points out that Legacy knew of the dangers of water births for at least the last decade. In 2004, the American Academy of Pediatrics (AAP) declared water births unsafe and unreasonably dangerous. In 2005, the American College of Obstetricians and Gynecologists (ACOG) said there is insufficient evidence that water birth is a safe and appropriate birthing method. Legacy failed to tell Mathew Marino and Amy Benton these details.
In the meantime, Legacy Health continues to promote water births on its web site, “Floating in warm water eases pain, creates buoyancy and freedom of movement, decreases anxiety, and assists in muscle relaxation.” As recently as February 18, 2014, Legacy was touting water births in a news release, “Legacy Good Samaritan allows women who prefer an alternative birthing option to deliver their baby in a calm and serene environment…”
The lawsuit asks for damages to pay the family’s medical expenses and to cover Luca’s future care and therapies. It also seeks court action to stop Legacy from “performing water birth in Oregon except as an experimental procedure within the context of an approved randomized, controlled clinical trial with the patient’s informed consent…” and to stop Legacy from continuing to falsely advertise water birth as a safe option for expectant mothers.
This sounds like a situation that had little to do with water birth per se. There is nothing in the report that suggests birth in water had anything to do with the listed concerns. It sounds more like they were dealing with untrained and irresponsible staff who failed to monitor the baby's vital signs during the birth process. This could happen in or out of the water. It is unfortunate that the title seems to imply that water birth was somehow connected with this tragedy. I hope that the Lund Report staff will correct that misleading title.