Benson v. BBH WBMC LLC et al

On September 26, 2025, Sarah Benson was admitted to BBH WBMC LLC, a freestanding birth center in Boulder, Colorado, for a planned natural childbirth. During labor, fetal distress signs were allegedly ignored by the attending midwife Emily Carter. Despite repeated requests from Benson and her family to transfer to a hospital, the midwife delayed the transfer for over three hours. The infant, Noah Benson, was born with severe hypoxic-ischemic encephalopathy and died three days later. Benson filed a wrongful death and medical malpractice lawsuit against the birth center, the midwife, and the affiliated hospital for negligent care, failure to obtain timely emergency intervention, and violation of the Colorado Consumer Protection Act for misleading advertising about safety protocols.

In March 2026, a jury found BBH WBMC LLC and Emily Carter jointly liable for negligence and wrongful death, awarding $12.7 million in compensatory damages. The Colorado Consumer Protection Act claim was also sustained, resulting in $3 million in civil penalties. The hospital was dismissed from the case. The birth center has appealed the verdict.

Whether the birth center and the certified nurse-midwife deviated from the accepted standard of care by failing to recognize fetal distress, delaying hospital transfer, and whether the center engaged in deceptive trade practices by overstating its emergency preparedness and safety record.

The case ignited a national debate on the regulation of freestanding birth centers and the scope of practice of midwives in high-risk deliveries. Colorado legislators introduced the “Noah Benson Safe Birth Act” requiring mandatory transfer agreements and real-time fetal monitoring at all birth centers. Insurance premiums for midwifery practices rose sharply, and several birth centers voluntarily closed pending stricter oversight.