The parents of a child who suffered complications at birth are suing the state, a Bend-based birth center and two of its midwives for medical negligence and fraud. They are asking for more than $50 million.

In a lawsuit filed April 2, Kristine and Greg Andrews — on behalf of their son — are suing the state of Oregon, Motherwise Community Birth Center, midwife Nicole Tucker and midwife Christyn King for the medical problems they say the baby faces as a result of oxygen starvation during birth.

The lawsuit asks for $25 million in noneconomic damages as well as $22.5 million in economic damages in the form of ongoing medical and therapeutic care and lost wages. It also asks for $3 million in noneconomic damages to Kristine Andrews for the experience she had with her son’s birth.

The Andrews’ attorney, J. William Savage, said he hoped to serve the lawsuit this week.

“This child’s health care costs are going to be substantial,” Savage said. “He’ll never earn a living in a conventional sense and will never have a normal life.”

Savage added that the child will need constant care and, because he is not ventilator-dependent or tube-fed, he will likely have a near-normal life expectancy.

Tucker, who started Motherwise Birth Center in 2007, did not return a call for comment.

According to the lawsuit, the Andrewses contracted with Motherwise to provide midwifery services for the birth of their child. The child was expected to be born in April 2010.

The lawsuit alleges that Motherwise, Tucker and King did not have malpractice insurance and did not alert the Andrewses to that fact. According to Oregon administrative rules, licensed birth centers and midwives must provide patients with a disclosure form that includes, among other things, whether they hold malpractice coverage.

“Had the required disclosure been made to Kristine Andrews or Greg Andrews about the absence of any malpractice coverage, they would not have agreed to proceed with midwifery or (licensed direct entry) services from defendants Motherwise LLC, Tucker and/or King,” the lawsuit states.

The Andrewses’ son was born April 5, 2010. According to the lawsuit, in the weeks leading up to the birth, Kristine Andrews had indications of high blood pressure, which can cause a variety of problems for both mother and baby.

Kristine Andrews went to Motherwise on April 2, 2010, to try to start labor through stripping the membranes, a procedure involving the membrane separating the amniotic sac from the uterine wall. The procedure causes the body to release hormones that can lead to contractions. Andrews was then sent home, but returned two days later.

According to the lawsuit, Andrews still had high blood pressure “and signs of a developing infection” and was sent home once again. When she returned to the birth center on April 5, her blood pressure remained elevated for three more hours, including during the birth of her son.

The lawsuit states no monitoring equipment was used to check the fetal heart rate. Nevertheless, “the fetal heart rate was noted to indicate periodic bradycardia (slow heart rate) and nonreassuring decelerations of the fetal heart rate.”

When born, the infant did not respond to stimulation and did not breathe on his own. He was taken to St. Charles Bend, and 10 days later was discharged with signs of brain damage caused by oxygen starvation from birth.

The baby suffered, among other things, significant brain damage and cerebral palsy.

“These injuries, harms and losses are expected to be permanent in nature,” the lawsuit states.

The lawsuit alleges Motherwise and the two midwives should have referred Kristine Andrews to an obstetrician/gynecologist for prenatal and labor and delivery services.

It also alleges the birth center and its midwives should have told the Andrewses they had no malpractice insurance.

Finally, the lawsuit alleges the state was negligent.

The Oregon Administrative Rules have a list of “absolute risk factors” for birthing centers. When a risk factor is present, the regulations state a pregnant mother should be transferred to a higher level of care, like a hospital. One of the risk factors is hypertension. The state listed the threshold at a blood pressure of 150/100. According to the lawsuit, that threshold was “inappropriate and not evidence based.”

The Andrewses allege the state was negligent for several reasons, most notably because of the blood pressure level it lists as a risk factor. The lawsuit also alleges the state didn’t require a mandatory disclosure form be produced to members of the public receiving services from midwives, licensed direct entry midwives or birthing centers, and that it didn’t implement “evidence based standards for the protection of Oregon citizens.”

“The state, if it’s going to require mandatory disclosures be made, it should implement a uniform disclosure form to ensure those requirements are being satisfied,” Savage said. “It’s a very simple system, but beginning with airline pilots and now in the medical field in terms of hospitals, checklists are becoming more predominant and it just ensures that people are told what they need to be told, which in this case didn’t occur.”

A pretrial hearing is slated for July.