New York Medical Malpractice Attorneys

$13,629,000-Failure to diagnose pre-term labor CP - Spastic diplegia

F&F# 92220A

MEDICAL MALPRACTICE - BIRTH TRAUMA - FAILURE TO DIAGNOSE PRE-TERM LABOR - CP - SPASTIC DIPLEGIA

Jury Verdict: $13,629,000 (Unanimous 6/0)

Breakdown: $1,700,000 for past pain and suffering; $2,000,000 for future pain and suffering (60.6 years); $2,000,000 for impaired earning capacity (38.9 years); $75,000 for future medical care; $2,000,000 for future therapy; $4,000 for future lab work; $100,000 for future medical supplies and equipment; $1,500,000 for future home equipment; adaptations, and transportation; $250,000 for future aide or attendant (until age 21); $4,000,000 for future group home (after age 21).

Injuries:     

• Brain damage
• Spastic diplegia
• Cognitive deficits

Plaintiff, age 12 at the time of trial, could stand with assistance but could not walk. He had limited use of his hands but could type slowly on a keyboard. He was on a home study program.

Facts:     

Plaintiff's mother was under the care of defendants Drs. Dolkar and Sharlow of the Newton Ob/Gyn Assoc. (Dolkart and Newton Ob/Gyn 70% liable) for her pregnancy. Her estimated delivery date was 5/4/84. On the morning of 2/8/84, she experienced pinkish discharge and cramping, and called defendants' office. She was told to call back if the symptoms persisted. That evening, she insisted on seeing a doctor, and Dr. Sharlow performed a urinalysis and diagnosed a urinary tract infection. He prescribed Macrodantin and sent plaintiff's mother home. The next morning, she again called defendants because the spotting was darker and her cramps were more severe. She was instructed to go to the hospital and was admitted at 9:50 AM at 28 weeks gestation. She was seen at 10:50 AM by Dr. Dolkart, who ordered a sonogram to rule out placenta previa or abruptio placenta. He left the hospital before the results were available. Dr. Dolkart did not order a fetal heart monitor, but instructed the nurse to observe and notify him of any change in bleeding or cramping.

The hospital chart indicated that labor began at 8 PM, and at 10 PM plaintiff's mother complained that the cramps had worsened. Dr. Dolkart was called at 10:30 PM and instructed the nurse to put the patient on a fetal heart monitor and call him. Plaintiff's mother was placed on the fetal heart monitor at 10:45 PM. Dr. Dolkart was called at 11 PM and told that the contractions were 5 minutes apart. He arrived at the hospital at 11:35 PM and diagnosed that plaintiff's mother was in labor and 4 cm dilated at 11:45. He ordered Ritodrine tocolytic therapy, which was started at 12:01 AM. At 12:05, plaintiff's mother was 5 cm dilated and Dr. Dolkart terminated the Ritodrine therapy, and at 12:56 AM, he performed a Caesarean section. The infant plaintiff was delivered with Apgars of 1 and 6 at 1 and 5 minutes. He suffered from respiratory distress syndrome, apnea, and mild fibroplasias.

The jury found that the nurse departed from accepted medical standards for failing to earlier notify Dr. Dolkart of the change in plaintiff's mother's status, and found that this medical negligence was a proximate cause of plaintiff's injuries.