New York Medical Malpractice Attorneys

$1,500,000-Settlement Failure To Timely Deliver Fetus Spastic Quadriplegia And Mental Retardation Hung Jury

F&F# 92408A

MEDICAL MALPRACTICE - FAILURE TO TIMELY DELIVER FETUS - SPASTIC QUADRIPLEGIA AND BRAIN DAMAGE

Settlement: $1,500.000

Injuries:     

• Infantile spasms
• An MRI on 4/23/91 showed an arachnoid cyst on the left anterior temporal lobe
• Spastic quadriplegia
• Spasms, which are controlled by medication
• Brain damage

Plaintiff, 7 years old at the time of trial, was completely dependent, was unable to crawl or speak, and was not toilet-trained.

Facts: This medical malpractice action, which was fully tried and resulted in a hung jury, settled for $1,500,000. On 11/15/90 at about 4:15 A.M., Plaintiff's mother presented to Brooklyn Hospital, complaining of pains every 10 minutes. She was discharged with an impression of "not in labor." She had been due to give birth on 11/9/90. At 11:15 P.M., she returned and was admitted with a history of pains since 8 P.M. and an untimed rupture of membranes. A vaginal exam revealed that she was 6 centimeters dilated, 100% effaced, and vertex minus one. She was admitted to the labor and delivery room. By 12:30 A.M., Pltf. mother was fully dilated, 100% effaced, and plus one station. The infant Pltf. was born at 1:12 A.M. by vacuum extraction.

Late decelerations of the fetal heart rate on the fetal heart monitor strips had been noted commencing 1 hour and 45 minutes prior to the delivery. Bradycardia, which was down to 70 beats per minute, was noted 17 minutes prior to delivery. At delivery, the umbilical cord was noted to be tight around infant Pltf's neck with thrombosis. He was intubated in the delivery room. Polydactyly, a common trait in Pltfs' family, was noted on both infant Pltf's hands. There was a mature placenta with some grayish areas, acute chorioamnionitis, and a large perivascular hematoma on the cord.

On admission to the neonatal intensive care unit, the infant was noted to have severe asphyxia and respiratory depression. A head sonogram performed on 11/20/90 was normal, but an EEG showed an unstable focus in the right parietal and temporal regions. A neurological consult referred to hypoxic encephalopathy secondary to the cord around his neck.

Fitzgerald & Fitzgerald successfully argued that Defts. failed to timely deliver infant Pltf., despite late decelerations of the fetal heart rate for 1 hour and 45 minutes before delivery. They claimed that the delay led to hypoxia and a depressed neonate.