San Angelo Couple Sues Shannon, Alleging Negligence Caused Baby’s Brain Damage

 

SAN ANGELO, TX - A San Angelo couple has filed a lawsuit against Shannon Medical Center and an obstetrician, claiming that failures during labor and delivery caused their newborn daughter to suffer permanent brain damage. 

Ariel Marie Shearin and Joseph Brooks filed the amended petition in Tom Green County’s 391st Judicial District Court on behalf of their minor daughter. The suit alleges that on Nov. 28, 2023, hospital staff and Dr. Jennifer Moss failed to properly monitor and respond to signs of fetal distress during Shearin’s labor at Shannon.

According to the complaint, fetal distress developed hours before delivery. The lawsuit claims staff did not timely escalate care, use the chain of command, or perform a cesarean section despite Category II and III fetal heart tracings, elevated maternal blood pressure, and meconium-stained amniotic fluid. The baby was delivered at 3:21 p.m. with low Apgar scores, required resuscitation, was diagnosed with hypoxic ischemic encephalopathy, and received therapeutic cooling. The suit describes the baby’s injuries as “horrific” and alleges they resulted in permanent brain damage. 

The defendants named in the case are Shannon Medical Center d/b/a Shannon Women’s & Children’s Hospital, Shannon Clinic d/b/a Shannon Clinic Harris OB/GYN, Shannon Medical Center South, American Medical Response of Texas Inc., and Dr. Jennifer Moss. 

In their answers, the Shannon defendants have denied the allegations. They argue that the parents’ individual claims are barred by the statute of limitations and that the amended petition contains vague and conclusory allegations, particularly regarding gross negligence. The defendants also maintain that Dr. Moss was acting as an independent physician. 

The plaintiffs are seeking damages for the child’s past and future medical expenses, pain and suffering, loss of earning capacity, and other injuries. They are also seeking exemplary damages. 

A summary judgment hearing is scheduled for July 31 before Judge Brad Goodwin.

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