New York Medical Malpractice Attorneys

$1,700,000-Medical Malpractice - Failure to diagnose and act upon the risks of prematurity, neonate's medical condition, treat seizures and hydrocephalus.

Fitzgerald & Fitzgerald Case #A00136

MEDICAL MALPRACTICE - HYDROCEPHALY, CEREBRAL PALSY, COGNITIVE IMPAIRMENT, SEVERE DEVELOPMENTAL DELAYS

Jury Verdict: $1,700,000

Injuries:     

• Right-sided paralysis
• Intraventricular hemorrhage
• Cerebral Palsy
• Cognitive impairment
• Muscle spasticity
• Seizure Disorder
• Left-sided atrophy of the brain
• Brain bleeding
• Strokes
• Extreme attention deficits
• Low birth weight
• Brain Bleed

Facts and Claim of Liability:    

The infant Plaintiff was born on June 29, 1995 via a vaginal delivery at 32 weeks gestation at the Defendant Hospital, Jamaica Hospital, Inc. d/b/a The Jamaica Hospital Medical Center.

On June 29, 1995, at 6:11am the infant plaintiff’s mother presented to defendant Jamaica Hospital, Inc. d/b/a the Jamaica Hospital Medical Center complaining of cramps, vaginal bleeding, and abdominal pain. Upon an examination at 7:10am she was found to be 9 cm dilated and was admitted. The infant Plaintiff was born vaginally at 7:45am with apgars scores of 9/9, but with low birth weight of 4 lbs and 1 oz., due to the prematurity.

The infant was admitted and placed in isolette for observation and support. On July 1, 1995, the he was noted to have elevated bilirubin levels for which he was treated with phototherapy. The defendant hospital however failed to notice that the infant Plaintiff fed very slowly and had a poor sucking response throughout the next two weeks. They failed to diagnose and prevent oxygen desaturation and decreased heart rate in the infant Plaintiff and the fact that the he was anemic with only a 9.9 hemoglobin count. On July 13, 1995, the infant had difficulty breathing and exhibited seizure activity. He was later diagnosed with bradycardia and apnea. A bulging fontanelle was also noted and the infant Plaintiff was found to have suffered a brain bleed. As a result of the defendant hospital’s failure to timely diagnose and treat these conditions the infant Plaintiff suffered from life-long defects including spasticity and hemiparesis. The infant Plaintiff was discharged on July 18, 1995 from the defendant hospital and was transferred to New York Hospital for additional treatment.

Fitzgerald & Fitzgerald successful argued that Defendant Hospital Jamaica Hospital Medical Center, its agent and employees, departed from generally good and accepted medical practice by failing to: (1) timely and properly treat vaginal bleeding; (2) to diagnose and act upon the risks of prematurity; (3) properly diagnose and treat the neonate’s medical condition; (4) timely and properly diagnose and treat seizures and hydrocephalus; (5) prevent and properly treat infant Plaintiff's Intraventricular Hemorrhage; (6) administer steroids and/or indomethicin to infant Plaintiff; (7) properly maintain and preserve medical records, including fetal heart monitoring strips.