James D. Lantier, Esq., successfully defended a local Certified Nurse Midwife in a case which involved a question of premature rupture of membranes a week before intra-uterine demise of fetus. Plaintiff claimed the rupture occurred the prior week, plaintiff patient presented to labor and delivery, was seen by defendant Certified Nurse Midwife, who examined her, finding a positive nitrazine test, negative fern, negative intra-vaginal pooling or amnionic fluid, and positive copious vaginal discharge from a Bacterial Vaginosis infection. Patient was discharged with instructions on follow-up. A week later, and ambulance was called due to the delivery of the presenting part of the non-viable fetus, which, at autopsy had died 24-36 hours previously. An issue was raised at that time as to whether the membranes had ruptured at the time of the delivery of the presenting part.
After a week-long trial in Oswego County Supreme Court, the jury issued a verdict in favor of the defendant midwife on the issue of liability.