The California doctor who helped deliver Meghan Markle’s daughter Lilibet has opened a new practice after she was sued for allegedly causing the death of a patient’s baby, the Daily Mail has learned.
Dr. Melissa Drake gained international renown after the Duchess of Sussex gave birth to her second child in 2021.
But the obstetrician suddenly shut down her practice the following year, much to the disappointment of the ex-royal’s neighbors in posh Santa Barbara.
Drake told her patients at the time that she needed to ‘focus on my own health and be with my family’, but her mysterious absence was never explained further.
Now, court documents obtained by Daily Mail reveal that the sought-after obstetrician was sued twice for alleged medical negligence, including for allegedly causing the stillbirth of one patient’s baby around the time of the sudden closure of her OB-GYN practice.
Dr. Drake was also sued for allegedly botching the surgery of a second woman in 2017.
Drake hired medical experts in both lawsuits who testified that she did nothing wrong. However both cases were settled out of court.
The shocking legal allegations have resurfaced as Drake announced this year she is setting up shop again in Montecito and Santa Barbara, this time as a concierge doctor for the rich and famous.
Meghan’s obstetrician made the previous shock announcement she was closing her practice on May 13, 2022.
The obstetrician who helped deliver Prince Harry and Meghan Markle’s second child Lilibet (pictured together with son Archie) has opened a new practice after mysteriously shutting down nearly three years ago
Obstetrician Dr. Melissa Drake (pictured) was sued twice for medical negligence, according to unearthed legal documents
The lawsuit by patient Katherine Hurley, 35, claiming Drake was responsible for the death of her baby, was filed a little over a month later, on July 25.
The legal complaint for ‘medical negligence’ claimed Drake ‘failed to appropriately care for, monitor, test, diagnose, and treat Plaintiff Katherine Hurley with regard to her prenatal condition’ and ‘with regard to her pregnancy and birth’.
‘Hurley and her unborn child, Mia, suffered from a serious condition resulting in the death of Mia on or about May 20, 2021,’ the filing said.
Hurley, who also goes by her middle name Whitney and maiden name Amaker, has a nursing degree from the Medical University of South Carolina.
She said she became Drake’s patient in May 2021, just weeks before Markle gave birth to her second child Lilibet with Drake’s help.
‘When Mia was delivered, she was only 4.5 pounds which is two pounds less than the 5th percentile,’ Hurley’s lawyer said in a legal filing on July 25 2022.
Another claimed the death ‘could have been prevented with proper diagnosis and treatment cord insertion, placenta, poly-hydramnios and growth restriction.’
An autopsy found that the likely cause of the stillbirth was a medical condition where the umbilical cord does not attach properly to the placenta.
Court documents obtained by DailyMail.com reveal patient Katherine Hurley, 35 (left) had sued Drake claiming she was responsible for the death of her baby, in a lawsuit filed in July 2022, a little over a month after the doctor shut her practice
The legal allegations against Drake have resurfaced as the OB-GYN announced she has set up shop again in Montecito and Santa Barbara, this time as a concierge doctor for the rich and famous, earlier this year
In January, Dr. Drake unveiled her new ‘concierge’ practice, which compared to traditional practices, involves fewer patients, allowing for more personalized attention, and is typically more expensive
‘The death of [the Hurleys’] daughter Mia caused a spiral of depression, anxiety and PTSD,’ court documents said.
Another filing in the case said Hurley claimed the death ’caused her to sustain specific mental injuries such as PTSD, depression, anxiety, intrusive thoughts, and panic attacks.’
Hurley and her husband Skylar also named another local OB-GYN doctor, a clinic and a medical group as defendants in their lawsuit.
Drake and her co-defendants denied all the claims.
They said in their court filings that they ‘met the standard of care for maternal-fetal medicine physicians and did not cause or contribute to any harm to plaintiffs.’
OB-GYN doctor Stephen DiMarzo submitted a declaration saying all Drake’s treatment was ‘within the standard of care’, and that Drake acted ‘appropriately’ when she relied on other experts’ tests and assessments of Hurley.
The case was heading towards trial, with a jury set to hear it in June last year.
But on April 2, 2024, the Hurleys’ lawyer filed documents saying the case had been settled with all defendants.
Dr. Drake who is based in Montecito and Santa Barbara, had gained international attention after overseeing the birth of Harry and Meghan’s daughter Lilibet, who turns 4 next week, at Santa Barbara Cottage Hospital in June 2021
While Lilibet was born in the US in 2021, Meghan gave birth to first child Archie in London in 2019
It was not the first time Drake had been sued by her patients.
Another Santa Barbara woman, Norma Vences, filed a complaint for medical negligence in August 2018 against Drake and the local clinic where she worked.
Vences claimed that the previous year Drake put Vences under anesthesia, started a surgical procedure, then abandoned it because she didn’t have the right tools.
‘Melissa G. Drake, M.D., negligently performed a tubal ligation surgical procedure on the Plaintiff Norma Vences, August 17, 2017,’ the complaint said.
‘Norma Vences was prepped for surgery by the administration of a general anesthesia, an incision was made by Melissa G. Drake, M.D. who then abruptly abandoned the procedure; allegedly claiming to have the wrong surgical instruments.
‘Said conduct by the Defendant Melissa G. Drake was below the standard of acceptable medical care and has caused damage to Plaintiff Norma Vences.’
The surgery was performed two months after Drake delivered Vences’ son Axl, on June 19, 2017, according to the court filings.
Drake’s lawyers hired OB-GYN Scott Serden who submitted a declaration to the court on August 15, 2019 saying ‘Dr. Drake was not negligent in the care and treatment of Ms. Vences and as such did not cause injury.’
Announcing the closure on Instagram in 2022, Dr. Drake told patients that she needs to ‘focus on my own health and be with my family’
Pictured above is a general view of Dr. Drake’s practice in Santa Barbara before it shuttered
‘There is nothing Dr. Drake did or failed to do, in violation of the standard of care or otherwise, that caused or contributed to any damages alleged by Ms. Vences.’
Vences settled with Drake and her clinic out of court, and her lawyer filed an application to dismiss the case on March 4, 2020.
The legal claims against Drake run counter to the public adoration from many of her happy patients, some of whom say their child would not be alive without Drake’s care during their pregnancy.
On May 11, one former patient Sandy Hopkins wrote on Drake’s Instagram page: ‘Thank you Dr. Drake for the safe delivery of my son! Without you he wouldn’t be here! Happy Mother’s Day’.
The claims against Drake run counter to the public adoration from many of her happy patients, some of whom have left comments saying their child would not be alive without Drake’s care during their pregnancy
When her patients heard she was closing her practice in 2022, they were devastated – and some frustrated at the need to find a new clinician mid-pregnancy.
Kay de Veer Ulanch, whose twins’ birth was overseen by Dr. Drake, told Santa Barbara Independent in 2022 that the OB-GYN doctor was a ‘unicorn’ and described the closure of the practice as ‘a travesty’.
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‘She puts you in charge,’ she said. ‘You lead your birth experience. That’s a big deal, and it’s not common.
‘I know that sounds dramatic, but she’s done so much good to so many families. When you’re having a child, you want the best, and she’s the best.’
‘Now there are hundreds of women (myself included) running around trying to find care,’ one woman wrote on the Santa Barbara Moms Facebook group at the time.
Another said she was ‘devastated’ by the news and that she knew at least ten other local women looking for a new practitioner.
Announcing the closure on Instagram in 2022, Dr. Drake wrote: ‘It has been the honor of my life to work with the women of Santa Barbara. I am taking a leave of absence to focus on my own health and be with my family.
‘It is important that you continue with appropriate medical care; therefore you should establish contact with another physician/midwife as soon as possible.
Earlier this month, Meghan shared a new picture with little Archie and Lilibet while celebrating Mother’s Day
Lilibet’s bright red hair was visible in the adorable snapshots shared by Meghan, showing the pair picking summer roses in the garden
‘Thank you for allowing me to be part of the most personal, profound, and important days of your lives. Much love always.’
But in January this year Drake announced her new elite ‘concierge’ service catering to private patients outside of health insurance.
‘Serving Montecito, Santa Barbara, and beyond, Dr. Drake provides concierge OB-GYN services designed for women who expect unparalleled care and discretion,’ her new sleek website says.
‘From A-list celebrities to global royalty, her clients trust her to provide a seamless, elevated healthcare experience that honors their time, privacy, and preferences,’ the site added – with a nod to her care of former Duchess Meghan Markle and other blue-blooded Montecito residents.
‘My practice has transitioned away from participating with insurance companies,’ she wrote on Instagram announcing the opening in January.
‘This change allows me to focus on providing highly personalized care without the administrative challenges of insurance plans.’