New York Medical Malpractice Attorneys

$1,750,000-Settlement Childbirth - Cerebral Palsy, Blindness and Mental Retardation

F&F# 91079A

MEDICAL MALPRACTICE ATTORNEY - CHILDBIRTH - CEREBRAL PALSY, BLINDNESS AND MENTAL RETARDATION

Settlement: $1,750,000

Injuries:

• Cerebral palsy (spastic quadriplegia)
• Cortical blindness
• Mentally retardation

Facts:     

This was the first pregnancy for plaintiff's mother, who was 18 at the time of plaintiff's birth. Prenatal care was given at North Central Bronx Hospital, and managed by midwives. There was evidence of intrauterine growth retardation during the pregnancy, as evidenced by sonogram.

Fitzgerald & Fitzgerald claimed that this put baby at risk for ypoglycemia and polycythemia, and that, therefore, the delivery should have been handled by an obstetrician with a pediatrician present. The infant was delivered by a midwife on 8/4/82 at North Central Bronx Hospital, the defendant in this case. Apgars were 6 and 6. Although noted to by cyanotic and jittery, the infant was given to the mother to bond with for a long period of time. No dextrose stick or hematrocrit was done for almost 3 hours despite the risk for hypoglycemia and polycythemia. The infant was found to be both severely hypoglycemic and polycythemic. Glucose was not given until more than 3 hours after the birth and a partial exchange transfusion was not done until almost 4 hours after the birth.