Allison and Greg Stilley live in Durham and filed their lawsuit in August in Wake County. The latest response from the defendants was filed last month and a motion to dismiss is pending.
The complaint says Dexter was born and died on Oct. 16, 2017. The complaint alleges "negligence" in medical care and records.
NEW: Durham couple suing @BabyCoMaternity after tragic death of their newborn son in 2017. Greg & Allison Stilley accuse birth center & two particular midwives of negligence & working without proper oversight/consultation with supervising physicians. @ABC11_WTVD pic.twitter.com/x9IYnbhQSW— Jonah Kaplan (@KaplanABC11) December 19, 2019
The complaint alleges that when Allison Stilley came in for delivery, the midwives and Baby + Co staff members did not consult with supervising physicians, misrepresented Allison's "risk status" for delivery, and the midwives "exceeded the scope of care and practice" for a midwife.
Dexter apparently had a decreased heart rate and was intolerant to labor -- and neither fact was communicated to the supervising physician. After Dexter was born, the complaint alleges Baby + Co did not take proper steps to transfer him to WakeMed for emergency neonatal care.
MORE: Dexter Stilley was one of three newborn deaths at @BabyCoMaternity within a six month period. @ABC11_WTVD previously reported on a scathing report by @ncdhhs investigators. Complaint says Dexter died from brain not getting enough oxygen. https://t.co/kxHjkUTzUm— Jonah Kaplan (@KaplanABC11) December 19, 2019
The complaint says Dexter died as a result of not getting enough oxygen to his brain.
Other allegations include Baby + Co being understaffed and one midwife leaving to "catch" another baby while Allison Stilley was in labor.
In April, ABC11 reported that Baby + Co. was closing for good.
The Wake County birthing center was the subject of a 2018 ABC11 I-Team investigation after a scathing report by state health officials.
Baby + Co. opened in Cary in October 2014 but voluntarily stopped births in March 2018 after three babies died there in a matter of months.
RELATED: Cary birthing center co-founder tells I-Team 'Every time a baby is born, there's a risk.'