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Main: Victoria Vasser with her son, Dylan Davis, during an interview with WTSP (WTSP). Inset: Sizzly M. Auer (Birthgodsway.org).
A midwife in Florida is under scrutiny following accusations that her actions during a home birth resulted in permanent injury to a newborn. The allegations, included in a newly filed administrative complaint, claim she used excessive force and did not adhere to fundamental safety protocols.
The complaint by the Florida Department of Health targets Sizzly Maria Auer, who has been a licensed midwife since 2010. She is charged with unprofessional behavior and various recordkeeping and licensing infractions related to a November 2021 delivery, which purportedly left the infant with lasting disabilities.
As detailed in the complaint, Auer was managing the home birth of Victoria Vasser’s baby, Dylan Davis, when complications arose due to shoulder dystocia. This condition occurs when a baby’s shoulders become lodged during delivery, constituting a medical emergency.
The state asserts that instead of utilizing established methods to address the situation, Auer “failed to employ one or more recognized maneuvers that could have released Infant D’s shoulder(s) and enabled Infant D to be born while mitigating injury.”
According to the complaint, Auer resorted to pulling repeatedly on Dylan’s head and neck with undue force, rather than implementing the appropriate techniques.
“The pulling of Infant D’s head and/or neck by Respondent was excessive and/or aggressive,” the complaint states, adding that she “pulled continuously and forcibly” with both hands in an attempt to complete the delivery.
Investigators also allege Auer instructed Vasser to push during the shoulder dystocia — a move the complaint says can worsen the situation and increase the risk of injury.
“Licensed midwives should not instruct patients to ‘push’ during a shoulder dystocia,” the document says.
The delivery took place in a birthing pool, and the complaint further alleges that after Dylan’s head emerged and he gasped for air, Auer allowed his head to go back underwater — a dangerous scenario that can lead to aspiration.
After multiple attempts in the water, the mother moved to the floor, where the delivery was ultimately completed. But the infant was born with severe injuries.
According to the Department of Health, the child suffered a “right global brachial plexus palsy due to trauma” sustained during birth — a devastating nerve injury affecting the arm. Subsequent surgeries revealed multiple ruptures and avulsions of critical nerves, the most severe type of nerve damage in which the nerve root is torn from the spinal cord.
Despite multiple surgeries and ongoing treatment, the child is expected to have “permanent and severe deficits” in the affected arm for life.
Beyond the delivery itself, state officials allege Auer failed to meet basic professional requirements before, during, and after the birth. The complaint says she did not complete or maintain required informed consent forms or an emergency care plan and failed to properly document the care she provided.
The state also accuses Auer of misrepresenting her licensure status over several years. On multiple license renewal applications, she claimed she was not practicing midwifery in Florida — a designation that would exempt her from carrying liability insurance — despite records showing she was actively seeing patients and performing deliveries.
Between 2017 and 2023, the complaint alleges, Auer failed to provide proof of required professional liability coverage while continuing to practice.
The state is seeking disciplinary action that could include revocation or suspension of her license, fines, probation, or other penalties.
Auer has the right to contest the allegations and request a hearing.
Auer previously lost a $12 million lawsuit to the victim via default judgement because she failed to respond to the complaint or appear for the proceedings, the victim told St. Petersburg, Florida, CBS affiliate WTSP. However, because Auer was not carrying insurance, the victim said she has been unable to collect on the judgment.