New York Medical Malpractice Attorneys

$1,700,000-Settlement Birth Trauma - Mother Allegedly Left Unattended During Labor Spastic Quadriplegia

F&F# 88107A

MEDICAL MALPRACTICE - Birth Trauma -Mother Allegedly Left Unattended During Labor Spastic Quadriplegia

Settlement: $1,700,000

Injuries: Pltf., age 13 at trial, has spastic quadriplegia. He cannot speak, walk or feed himself, and is wheelchair dependent. He requires full-time custodial care.

Facts: This action settled during jury selection for $1,7000,000. Pltf's mother presented to Lincoln Hospital after 12 hours of labor pains at 27-28 weeks' gestation, and was admitted at 9:55 AM. She had a history of four induced abortions and vaginal bleeding during pregnancy. An exam at 10:30 AM showed that she was 5-6 cm dilated, with 60% presentation and evidence of bulging membranes. Presentation was later determined to be breech. At 10:45 AM, the mother was fully dilated, and at 10:50 membranes were artificially ruptured, and showed clear fluid. Within 6 minutes, the infant Pltf. was delivered vaginally with assistance, and had Apgar scores of 2 and 7 at 1 and 5 minutes. The infant Pltf. was intubated until 6/19/84 and his neonatal course was complicated by respiratory distress syndrome, requiring re-intubation. He suffered apnea and hyperbilirubinemia, requiring phototherapy and exchange transfusion.

The Pltf. mother claimed that she was left in the hallway unattended until the baby was being delivered. Her story was, however, unconfirmed by nurse's notes.