New York Medical Malpractice Attorneys

$2,000,000-Birth Trauma-Delivery By Second-Year Resident-Severe Brain Damage

F&F# 83102A

MEDICAL MALPRACTICE-BIRTH TRAUMA-DELIVERY BY SECOND-YEAR RESIDENT-SEVERE BRAIN DAMAGE

Settlement: $2,000,000

Injuries: Pltf. suffered perinatal asphyxia with neurological damage leaving him with profound mental retardation and spastic quadriplegia. He has been institutionalized for 11 years.

Facts: This $2,000,000 settlement during trial was for a child who suffered severe brain damage during birth. Pltf.'s mother entered Jacobi Hospital at 9:15 PM on 8/11/70. She was examined by Deft. Arthur Suffin, a second-year resident. Deft. Dr. Seymour Romney was the director of obstetrics at the time. At 12:05 AM, meconium staining, a sign of possible fetal distress, was noted. Deft. Dr. Paul Badinka, also a resident, saw Pltf.'s mother at 12:10 AM. At 12:45 AM, thick meconium was noted. The fetal heart rate was not recorded between 12:10 AM and 2:45 AM. At 4:04 AM, the child was delivered by mid-forceps delivery by Deft. Suffin. Pltf. claimed that this procedure is not allowed to be performed by a resident.