Missouri parents sue midwife for wrongful death of baby

GREENE COUNTY, Mo. — A married couple are suing a midwife based out of Lafayette County for wrongful death after their baby died in early February.

The petition filed in Greene County Circuit Court today says Kalynn and Codey Webb — the parents of Jonah Webb, deceased  — are suing Sarah Alley, a certified professional midwife.

Alley contracted with the Webbs to provide Kalynn with prenatal and midwifery care around July of 2024, with Kalynn's estimated due date to be on Jan. 11, 2025. 

On Jan. 23, Kalynn had an ultrasound, and Alley told Kalynn that she was able to interpret the ultrasound and that a radiologist was not needed. Alley told Kalynn she suggested they keep waiting for Kalynn to go into labor naturally, rather than induce labor.

By Jan. 27, Kalynn was at an estimated gestational age of 42.2 weeks. 

The petition says that on and before Jan. 27, Alley knew or should have known that it was highly probable Jonah would be a “very large” baby at 42.2 weeks and that it would create significant risks of shoulder dystocia or fetal compromise for him to be delivered at home in the hands of a midwife. 

Additionally, Alley knew or should have known that a caesarean section could be needed, which she could not perform if it were required. 

The petition says the standard of care required that on and after Jan. 23 — if not sooner — that Alley transfer care to a physician. She did not tell Kalynn that a significant risk existed of a baby with macrosomia, or that it would be dangerous to attempt an at-home delivery at 42.5 weeks gestation. She reassured the Webbs she could safely perform a home birth of Jonah. 

Webb experienced a spontaneous rupture of membranes and went into labor at around 6 a.m. on Jan. 30. 

At around 8:30 p.m. that day, after over 12 hours of labor, it did not seem like progress was being made in Jonah’s delivery. 

Alley and the Webbs had a discussion about a possible transfer to the hospital, but Alley did not tell them that she thought any risk existed for Jonah to be delivered at home, saying: “I think you can still have the baby here,” the petition alleges.

Alley noted that Jonah’s head was delivered at 10:25 p.m., but his body did not further progress down the birth canal as his shoulder became stuck in what’s known as a shoulder dystocia. 

At 10:11 p.m., a 911 emergency request was made for an ambulance. An ambulance was dispatched to the scene and arrived at 10:25 p.m. 

Jonah was delivered by Alley at around 10:17 p.m. after a 12-minute shoulder dystocia. He was born lifeless, and Alley began performing CPR. First responders arrived and transported Jonah to the hospital, where he was immediately intubated. 

By the time Jonah was intubated and his heart rate was brought to normal range, he’d suffered a catastrophic anoxic brain injury. His brain injuries left his brain so damaged that he could not sustain life. Jonah died on Feb. 2. 

The suit alleges Alley did the following:

• Alley did not adequately and correctly assess the estimated fetal weight.
• She did not assure that appropriate assessment and testing for gestational diabetes occurred.
• She did not warn the Webbs of the risk of home birth for this baby. 
• She did not transfer care to a physician and hospital in a timely manner 
• She did not provide timely maneuvers when a shoulder dystocia occurred.
• She did not provide appropriate CPR when Jonah was born with a heart rate under 60 and in respiratory arrest.

The second count of the petition also says Kalynn suffered injuries from the birth, including perineal tearing and lacerations involving perineal muscle, which caused and continues to cause significant nerve and muscular pain.