SAN BERNARDINO, Calif. (CN) - A baby has brain damage because Kaiser did not do a Cesarean section in time, his parents claim in a complaint filed in San Bernardino County Superior Court.

     Armani Ramirez sued by and through his guardian ad litem and mother, Graciela Ramirez, for medical malpractice and negligence. Graciela Ramirez sued individually for negligent infliction of emotional distress, and her husband, Armani’s father Camilo Ramirez, also sued for loss of consortium. The family’s lawsuit names Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group and Anita Marie Bishop, R.N., as defendants.

     Kaiser’s negligent acts toward baby Armani “include, but are not limited to, failing to diagnose or treat his mother’s placental abruption, and further failing to perform a timely Cesarean section, such that he was born with APGAR scores of 0,0,1, suffering from severe neurological injuries and brain damage,” the parent’s complaint states.

     According to the medical information website WebMD, placental abruption is a serious condition in which the placenta separates from the uterine wall. APGAR scores are measurements of a newborn baby’s heart rate, skin color, muscle tone, breathing and reflexes shortly after birth, WebMD says.

     The Ramirez family seeks general damages, special damages, past and future medical expenses for both Armani and Graciela, loss of past and future earnings and earning capacity for both Armani and Graciela, and costs of suit. They are represented by Bruce G. Fagel of Beverly Hills.