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Couple sues hospital, doctors for malpractice after twin dies

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Jeffrey and Jodi Freeman allege Capital Health and two doctors were negligent during the birth of their son in 2014.

TRENTON -- A Yardley, Pa. couple has filed a medical malpractice suit against Capital Health and two doctors in connection with the death of their newborn son.

According to the suit filed in Mercer County Superior Court, Jeffrey Freeman and his wife Jodi Freeman allege Capital Health Medical Center - Hopewell, and Dr. Robert Berk and Dr. Judith Funches, were negligent during the birth of the couple's son, the second of the their twins born August 21, 2014.

"Jeffrey J. Freeman was present with his wife, Jodi Freeman, throughout labor and was shocked by the critical condition of (the child) at birth," the suit says. "Jeffrey J. Freedman immediately recognized that malpractice and/or negligence had occurred."

The Center for Women's Health, Lawrence OB/GYN Associates, and four registered nurses are also named in the suit.

A Capital Health spokeswoman said the company has not received the lawsuit and said they are unaware of wrongful action and standard protocols were followed.

The Freemans allege during the delivery of the second child that day, hospital staff failed to notice the slow heart rate of the infant.

The suit also claims that doctors and nurses did not respond appropriately to slow heart rate alarms and then improperly tried to deliver the child via vacuum delivery rather than by cesarean section or other methods.

After delivery, the child was transferred to The Children's Hospital of Philadelphia's neonatal intensive care unit with a diagnosis of perinatal asphyxia -- a condition resulting from lack of oxygen -- and reduced blood flow to the brain.

The infant was placed on life support for about two days until the decision was made to withdraw assisted breathing from the newborn, following much discussion, the suit says.

Less than six hours later, the Freeman's newborn was pronounced dead.

The couple seeks monetary compensation under New Jersey's Wrongful Death Statute.

The Capital Health spokeswoman said the company has extensive experience with both routine and complicated deliveries.

The Freeman's lawyer, Michael F. Barrett, referred comment to the suit itself.

Greg Wright may be reached at gwright@njadvancemedia.com. Follow him on Twitter @GregTheWright. Find NJ.com on Facebook.


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