Nick Rowley, left, and Robert Monyak deliver opening statements in a medical malpractice trial against a radiologist over a child's birth disabilities.
Decatur, GA— Attorneys Tuesday previewed evidence surrounding a radiologist’s ultrasound reading of a mother’s pregnancy, as a medical malpractice trial opened over a child’s profound birth disabilities. Leonard v. Diagnostic Imaging Specialists, P.A., et al.
The child was born in 2017 with an array of physical disabilities, as well as severe cognitive impairment that will require he receive care the rest of his life. His parents contend these disabilities were caused by Dr. Darren Cutter’s misleading ultrasound report early in the pregnancy, and his conclusions surrounding the potential for ectopic pregnancy, which they claim led a hospital clinician at the time to order the mother receive methotrexate, a medication they say ultimately injured the child.
Ectopic pregnancies, where the fetus develops outside the mother’s uterus, or womb, are non-viable and pose a risk to the mother’s life if they progress. However, methotrexate should not be used with standard intrauterine pregnancies, or pregnancies within the womb, and the drug has been linked to severe birth defects.
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While claims were raised against the clinician and others, those claims have been resolved, and Cutter and the radiology practice for which he served are the only defendants at trial.
On Tuesday, Nick Rowley, of Trial Lawyers for Justice, and representing the child’s family, walked jurors through Cutter’s ultrasound report and his subsequent communication of those conclusions to the hospital clinician. Rowley noted that Cutter’s report indicated that the pregnancy was currently intrauterine, but, because of its location in the womb, could progress to an ectopic pregnancy, and was considered “high risk.” Rowley added that Cutter spoke to the clinician regarding his findings.
Rowley told jurors the radiologist’s conclusions sent a mixed message that ultimately created confusion and led to the mother improperly being prescribed methotrexate.
"Radiology reports, and radiology communications to clinicians who are making life and death decisions… should not be confusing,” Rowley said. “They should not be misleading.”
But Cutter contends his report was clear and accurate and met the standard of care. During his opening statement Tuesday, Cutter’s attorney, Peters and Monyak’s Robert Monyak, told jurors Cutter’s report explicitly described the pregnancy as “intrauterine.” And Monyak noted that Cutter’s use of the term “high risk” in his report carried a very specific and well-known meaning within the obstetrics community, as a situation that medical providers need to monitor, as opposed to an emergency.
Monyak added that the clinician ordered methotrexate after speaking to an OB/GYN regarding the ultrasound report, but he noted that Cutter was not involved in that specific conversation.
“Whatever happened, and whatever led [the clinician] to go ahead and tell the nurse to give that methotrexate, it wasn’t because of Dr. Cutter,” Monyak said. “He made the right call.”
The trial is bifurcated, with the liability issue expected to go to the jury this week. If jurors find Cutter liable, the case will proceed to a damages phase with the same jury.
Email Arlin Crisco at acrisco@cvn.com.
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