Woman Files Virginia Wrongful Death Lawsuit After Day-Old Infant Dies | Shapiro, Washburn & Sharp

A Harrisonburg medical office and two Virginia doctors face a wrongful death lawsuit from a woman who claims their negligence and misdiagnosis were responsible for the death of her one-day-old infant.

According to the Northern Virginia Daily, Jennifer A. Pilc-Benzin has filed a suit against Winchester Obstetrics & Gynecology PLC, Dr. Jessica D. Edwards and Dr. Richard L. Fieo, both obstetrician-gynecologists, regarding the death of her baby, Faith Marie Benzin.

In 2009, when Pilc-Benzin was 37 weeks pregnant, she fell ill and went to her doctor complaining of several serious symptoms, including fever, leg cramping, nausea, and other flu-like symptoms. Although she was actually fighting a serious bacterial infection, doctors diagnosed her with the stomach virus and sent her home, where her condition worsened. She went into labor later that week, but her baby was born very sick and was misdiagnosed with sepsis. She died the next day. Pilc-Benzin was also in serious condition and underwent an emergency hysterectomy.

According to court documents, Pilc-Benzin believes that her bacterial infection should have been diagnosed and treated far before it was, and that her baby should have been saved. Two different tests suggested that the women didn’t have a viral infection and should have suggested a bacterial issue even before she went into labor. Both doctors, the lawsuit argues, violated the standard of care.

The wrongful death lawsuit has been filed in Charlottesville for $5 million in damages.