The Florida Department of Health has filed an administrative complaint against licensed midwife Sizzly Maria Auer, alleging she caused permanent nerve damage to a newborn during a 2021 home birth by using excessive force. The incident involved shoulder dystocia, where the baby's shoulders became stuck, and Auer failed to follow standard emergency procedures. The child, Dylan Davis, now faces lifelong arm disabilities.
Sizzly Maria Auer, licensed as a midwife in Florida since 2010, oversaw the home birth of Victoria Vasser's son, Dylan Davis, in November 2021. When shoulder dystocia occurred, the complaint states Auer did not use recognized maneuvers to free the shoulders. Instead, she pulled continuously and forcibly on the infant's head and neck with both hands, and instructed Vasser to push—a step that can exacerbate the emergency, according to the document filed by the Florida Department of Health. The birth took place in a pool, where after the baby's head emerged and he gasped, Auer allowed it to submerge again before moving to the floor to complete delivery. The newborn suffered right global brachial plexus palsy from trauma, with nerves ruptured and avulsed from the spinal cord, leading to permanent severe deficits in the arm despite surgeries, state officials said. The complaint also cites failures in informed consent, emergency planning, documentation, and licensure honesty. Auer allegedly misrepresented her practice status on renewal applications from 2017 to 2023 to avoid proving liability insurance, despite performing deliveries. The state seeks possible license revocation, suspension, fines or probation; Auer can contest the charges. Vasser previously won a $12 million default judgment against Auer after the midwife failed to respond, but collection has been impossible without insurance, Vasser told St. Petersburg CBS affiliate WTSP.