The people of Tennessee and all across the United States, expect that when they go into the hospital for any kind of treatment or care that they doctors and medical staff will treat them and their family members with the proper medical care and that they will be doing better by the time they leave the hospital. Unfortunately, however, this is not always the case. In a recent lawsuit, Matthew Allen Marlin was born early on June 13, 2009 and suffered irregular breathing and an irregular heart rate. A nurse noticed that he “made a small cry at delivery and had movement of arms and legs.” The baby was considered by this nurse to have been fighting for its life and Dr. John W. O’Donnell III made the decision on his own without first consulting anyone that the baby would have no chance of living. Marlin was then placed in a plastic bin and left on a counter until the family decided what to do with the body. A nurse who was passing by however, noticed the baby was gasping for breath a few hours later.
Marlin then received resuscitation therapy and was transferred to Vanderbilt University Medical Center in Nashville where he stayed for three months in order to receive specialized care. This lawsuit is claiming that Dr. O’Donnell was negligent and that Marlin suffered a brain injury as well as other injuries due to the doctor’s failure to provide timely and appropriate medical care and treatment. According to the case, a pediatrician should have been called immediately to resuscitate the baby, and the baby should have been sent to a neonatal intensive care unit. The lawsuit seeks undetermined compensatory damages.