A Montgomery County Circuit Court jury has awarded a former Frederick couple $1.85 million for the wrongful death of their newborn son, their first child, according to court documents.Benjamin Ketterman's death resulted from Dr. Leonard Bienkowski's decision to use vacuum extraction to deliver the baby July 5, 2005, at Frederick Memorial Hospital, lawyer Giles H. Manley said Thursday.
Benjamin died two days later at Children's National Medical Center in Washington, said Manley, who is also a board-certified obstetrician.
In addition to violating the standards of care, Bienkowski performed the procedure without explaining the risks to Benjamin's parents, Sandra and John Ketterman, Manley said. Both were 27 when their son died.
"Although nothing can compensate parents for the loss of a child, the verdict sends a message to health care providers that they cannot breach standards of care or fail to involve patients in critical decisions without consequences," said Manley, an attorney with Janet, Jenner and Suggs, a Baltimore law firm that concentrates on birth injury cases.
The jury deliberated for three hours.
Attorney Conrad W. Varner of Frederick , who represented Bienkowski, could not be reached for comment Thursday.
Frederick Memorial Hospital was not a defendant in the suit.
Because nearly 1 in 10 babies is delivered with the help of vacuum extraction or forceps, parents need to be aware of the risks, so they can ask questions and make informed decisions about treatment options, Manley said.
Benjamin's head was wedged in the birth canal, a condition called cephalopelvic disproportion, Manley said. The baby did not appear to be in distress.
Had they known the risks, the Kettermans would have chosen to wait for a cesarean section, Manley said.
"Doctors should engage patients in treatment decisions because it also helps them think through their own choices," he said.
Two days after Bienkowski delivered Benjamin using the vacuum extraction, he died of complications arising from bleeding between the skull and the scalp.
The jury found Bienkowski negligent. They ordered damages of $752,000 for medical bills, funeral expenses and loss of services; $100,000 for the infant's conscious pain and suffering; and $500,000 to each parent for mental anguish, according to court records.
"We are grateful to the jury who recognized our pain and understood this terrible loss could have been prevented," Sandra Ketterman said in a statement. Her lawyer declined to let her comment further, citing post-trial motions filed by the defense to try to reduce the amount of damages.
The lawsuit was heard in Montgomery County because that's where Bienkowski's medical practice, Capital Women's Care, is located.
Capital Women's Care, which also has offices in Frederick County, is based in Rockville, according to court documents.
The couple's lives have changed since the loss of their firstborn. They moved to Falling Waters, W.Va., about a year ago.
In addition to being parents to a 2-year-old daughter, they are awaiting the birth of a son.
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