A Springfield couple has filed a lawsuit against Lebanon Physicians for Women after their child, Jeremy, died.
Lebanon Physicians for Women have filed an answer to that complaint.
Marilu and Santiago Tzanahua Mendez of Springfield filed the lawsuit Oct. 31 in Marion Circuit Court against Lebanon Physicians for Women, Dr. Mark Ackermann and Dr. Lynval T. Reynolds.
According to the complaint, Marilu Mendez underwent a Cesarean section on Nov. 3, 2011, and this procedure was performed by Ackermann. The complaint reads that Marilu Mendez was “full term and gave birth to a severely macrosomic stillborn child due to the unacceptable delay in scheduling the delivery of her baby.” The Mendez family argues in the complaint that the delivery should have occurred days or weeks earlier based on the information garnered through prenatal care.
The Mendez family has accused Lebanon Physicians for Women of negligence and careless conduct.
In the answer filed Nov. 14, Ackermann, Reynolds and Lebanon Physicians for Women acknowledge that Dr. Ackermann performed a Cesarean section and that the child was stillborn. However, they deny the accusations of negligence and careless conduct.
In the answer, the doctors and Lebanon Physicians for Women argue that any damages may have been caused in whole or in part by the negligence of the Mendez family. Likewise, they argue that all or part of the injuries suffered by plaintiffs may have been caused by events that were not under the control of Ackermann, Reynolds or Lebanon Physicians for Women.
The Mendez family is seeking punitive damages, pre-judgment interest, costs including attorney fees, a trial by jury and any other relief to which they may be entitled.
Lebanon Physicians for Women are seeking a dismissal of the complaint, costs including attorney fees, trial by jury and any other relief to which they may be entitled.