Allegations detail excessive force, safety failures, and licensing violations in 2021 delivery
ST. PETERSBURG, FL – A licensed Florida midwife is facing disciplinary action after state health officials accused her of causing severe, permanent injuries to a newborn during a home birth, alleging she used excessive force and failed to follow established safety protocols in a medical emergency.
According to an administrative complaint filed by the Florida Department of Health, Sizzly Maria Auer, licensed since 2010, is accused of unprofessional conduct tied to a November 2021 delivery involving Victoria Vasser and her son, Dylan Davis. The complaint states the labor became complicated by shoulder dystocia, a condition in which a baby’s shoulders become lodged during delivery and requires immediate, specialized intervention.
Allegations of excessive force during delivery
Rather than applying recognized techniques to resolve the emergency, the state alleges 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.” The complaint further claims that Auer instead pulled forcefully on the infant’s head and neck.
“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” using both hands.
The document also alleges Auer instructed the mother to push during the shoulder dystocia, a step health officials say can increase the risk of injury. “Licensed midwives should not instruct patients to ‘push’ during a shoulder dystocia,” the complaint states.
Complications in birthing pool and resulting injuries
The delivery initially took place in a birthing pool. According to the complaint, after the baby’s head emerged and he gasped for air, Auer allowed his head to slip back underwater, raising concerns about potential aspiration. After several attempts to complete the delivery in the water, the mother moved to the floor, where the birth was finalized.
The Department of Health reports the child suffered a “right global brachial plexus palsy due to trauma,” a severe nerve injury affecting the arm. Medical evaluations later revealed multiple nerve ruptures and avulsions, described as among the most serious forms of nerve damage, where nerves are torn from the spinal cord.
Despite multiple surgeries and ongoing treatment, officials say the child is expected to experience “permanent and severe deficits” in the affected arm.
Licensing and documentation violations alleged
Beyond the delivery itself, the complaint accuses Auer of failing to meet professional standards, including not maintaining required informed consent forms, lacking an emergency care plan, and failing to properly document the care provided.
State officials also allege Auer misrepresented her licensure status on renewal applications over several years. According to the complaint, she indicated she was not actively practicing midwifery in Florida — a designation that would exempt her from carrying liability insurance — despite evidence she continued to see patients and perform deliveries.
Between 2017 and 2023, the complaint alleges Auer did not provide proof of required liability coverage while continuing to practice.
The state is seeking penalties that could include suspension or revocation of her license, fines, or probation. Auer has the right to contest the allegations and request a hearing.
The case follows a separate civil judgment in which Auer was ordered to pay $12 million after failing to respond or appear in court proceedings, according to statements made by the child’s family in a television interview. The family has said they have been unable to collect the judgment due to the lack of insurance coverage.
Florida midwife complaint, shoulder dystocia injury, brachial plexus palsy newborn, home birth negligence Florida, Sizzly Auer case