Couple Granted $1.36 Million after Hospital Negligence Verdict

Lindsey Setzer was just 23 years old when she went to St. Clare Hospital due to a urinary tract infection (UTI) and ongoing pain Fetuson her right side. Setzer and her husband, Michael, were 14 weeks pregnant and had already nicknamed their unborn child “Baby Setzer”.

When she arrived at the hospital, she informed the nurses of her kidney stone history and proceeded to have an ultrasound performed which revealed several more had formed. Her heart rate was above 140 beats per minute (BMP) and she was suffering from fever and nausea when the doctor released her without any antibiotics or prescription.

The next day, Setzer woke up with a severe fever and rapid heartbeat that led to her trip to the emergency room at Mercy Hospital. While in the emergency room, doctors diagnosed her with sepsis caused by the untreated UTI and began immediate treatment. Her diagnosis meant she would spend seven days in the intensive care unit (ICU) and would fully recover, but the same could not be said for “Baby Setzer”.

Searching for Justice

In 2016, Lindsey and Michael reached a confidential settlement against the doctor who treated her, Dr. Joseph Herrmann, but decided to file a second lawsuit against the hospital itself in 2018.

In search of justice, The Setzer’s and their lawyers began preparing for what would be a five-day, intensive trial in St. Louis, Missouri. Six years after Setzer’s traumatizing experience, justice was served and 9 out of 12 jurors found the hospital to be negligent. The jury determined that Setzer’s unborn child did not survive due to the hospital approving the discharge of a pregnant woman suffering from both kidney stones and a UTI as well as high fevers and nausea.

Kidney stones are known to have the ability to affect a fetus and complicate birth. If an expecting mother has consistent UTI’s and other symptoms of kidney stones, it’s important to see a doctor right away in order to avoid premature labor. Because the hospital voluntarily released Setzer with these symptoms, it led to the eventual loss of her fetus due to complications from her untreated condition.

As a result of Setzer’s overwhelming sense of loss for her child, she went on to become an obstetrics nurse for Mercy Hospital. She takes pride in helping expecting women stay healthy and informed and hopes to ensure her situation doesn’t happen to anyone else.

If you or a loved one has suffered from medical malpractice including hospital negligence, let our experienced lawyers help.

Fill out an online contact form or call our office at 216-308-1522 for more information.

Sources –St. Louis Post-Dispatch

  • I was in a car accident. The insurance company only offered $2,500 to settle my car case. Attorney Allen Tittle took the matter to trial, and after four days, obtained a jury verdict of $75,000 which is 30 times more than what I was offered. He fights for his clients and obtains justice. I would highly recommend him.
  • Allen was professional, conscientious and well organized. Allen's research of my case produced results in which he was able to obtain a copy of a video from the grocery store and subpoenaed a witness that substantiated my claim and proved that I was in fact struck by the vehicle and injured, which he presented in the deposition. This resulted in a successful settlement in my favor
  • What I liked best about Tittle & Perlmuter was the prompt return of phone calls, always knowing when paperwork had been sent, and knowing I could call anytime and get my questions answered.