By CRISTINA JANNEY
Hays Post
Pre-trial motions were heard Thursday in a malpractice case in the death of a newborn baby at Rooks County Health Center.
The child's parents, Derek and Mireya Stiles of Hays, are seeking $10 million in damages for wrongful death and pain and suffering in the death of their son, Eli, who died hours after birth.
They are also seeking $500,000 in damages for injuries sustained to Mireya during the delivery.
In addition to the hospital, the Stiles are also suing Dr. Beth Oller, a family practice physician, who attended the birth.
Mireya Stiles was admitted to Rooks County Health Center on Aug. 19, 2016. She was in labor from noon until 4:29 a.m. the next day.
During labor, Dr. Oller attempted vacuum suction multiple times to assist in the baby's delivery, according to court records.
Shortly after Eli's birth, he was transferred to Wesley Medial Center in Wichita. Eli was pronounced dead 13 hours after his birth.
The Stiles allege Eli died as a result of injuries sustained during delivery. They assert Oller was negligent in attempting repeated vacuum procedures rather than referring Mireya Stiles for a cesarean section.
During the hearing on Feb. 27, the issue of whether Eli was conscious was raised before Judge Glenn Braun. This led the defense to question if Eli was not conscious, did he feel pain.
The judge did not rule on this question but rather has taken it under advisement and will rule on the issue at another pre-trial hearing on Tuesday, March 18.
The defense also argued against expert testimony for two doctors for the plaintiffs, Dr. Lawrence Borow and Dr. Amy Hair.
Borow is a OB/GYN from Philadelphia. He is set to testify on the standard of care administered to Eli and Mireya during Eli's birth.
The defense argued Borow's testimony should not be admitted because he has not delivered a baby in 13 years. However, Borow has been an OBGYN for more than 40 years.
The defense also argued Borow has no experience practicing in a small, rural community and therefore is unqualified to render an opinion about the care of a family physician in Rooks County.
Braun ruled Borow did not need to have practiced in a small hospital to have knowledge of standards of care and could be used as an expert.
The defense also argued Borow laid no foundation for a deviation from the standard of care for Mireya Stiles. The defense is asking that portion of the suit be dropped. The judge is yet to make a ruling on that issue.
Hair is set to testify as to the cause of Eli's injuries. The defense objected to comments in Hair's testimony they argued were opinions on standards of care provided to Eli Stiles.
The judge ordered the plaintiff's attorneys to provide language they will use to avoid Dr. Hair from directly or indirectly providing opinions on standards of care.
The next hearing in this case is set for 9:30 a.m. March 18 in Hays.
The trial in the case is set for March 23 and is estimated to take two weeks.