B. STATEMENT OF FACTS GIVING RISE

TO PLAINTIFFS’ CAUSE OF ACTION

8. Sometime during the month of September and/or October _____________ became pregnant with her first child, _____________, with an estimated delivery date of ___________________

9. Prenatally, Ms. _____________ sought and obtained prenatal care, which

was essentially unremarkable.

10. On ____________, at approximately 10:00 a.m., Ms. _____________ was admitted to _____________, with complaints of regular contractions. Thereupon, she came under the care of Defendant, _____________, and Defendant, _____________, and its actual and/or apparent agents, servants and employees. At the time, Ms. _____________ was 38 weeks pregnant.

11. At approximately 10:35 a.m., Defendant, _____________, noted the existence of a hypertonic pattern, and that an abruption was “considered.” That assessment, however, was erroneously ruled out.

12. Initially, Ms. _____________’s labor progressed, with contractions every minute. At approximately 10:15 a.m., however, the fetal heart rate began to decelerate to 80-90 beats per minute, with occasional episodes as low as 70 beats per minute.

13. Despite this troublesome fetal heart rate pattern, Ms. _____________ was administered Stadol (in the absence of doctor’s orders) at approximately 11:00 a.m. Notably, Stadol is a drug which is contraindicated given its ability to confuse an already abnormal fetal heart rate.

14. Predictably, almost immediately thereafter, the baby’s fetal heart rate began to exhibit a wandering baseline and late decelerations with every contraction. Nevertheless, the healthcare providers and nurse employees of Defendant, _____________, did not notify a physician of these findings so that intervention could occur.

15. At approximately 11:50 a.m., Dr. _____________ was notified and an emergency Cesarean Section was subsequently ordered.

16. Thereafter, at 12:18 p.m., _____________ was belatedly delivered via emergency Cesarean Section. _____________ weighed 5 lbs, 12 oz. and her Apgar scores (a 0-10 indication of a newborn’s well-being) were 1 at 1 minute and 6 at 5 minutes. Moreover, blood taken from the umbilical cord registered at an abnormal pH level of 6.58, indicating that _____________ was severely acidotic.

17. Following _____________’ delivery, the placenta delivered spontaneously. However, there were approximately 100 to 200 cc’s of “bright red [blood] clot” under the placenta, with evidence of abruption.

18. As a result of said actions of the Defendants, jointly and severally, _____________ is brain damaged, having suffered perinatal asphyxia.