New York Medical Malpractice Attorneys

$2,292,500-Delay in C-section led to birth trauma, cerebral hemorrhages and cerebral palsy

Fitzgerald & Fitzgerald Case # A03033

Medical Malpractice Attorney

Cerebral Palsy, Blindness, Seizures and Brain Damage

Settlement: $2,292,500.00

Injuries:

• Spastic Quadriparesis
• Cerebral Palsy
• Blindness
• Hydrocephalus
• Damaged Corpus Callosum
• Hypospadius
• Learning Difficulties
• Severe Brain Damage
• Profound Psychomotor Retardation
• Truncal and Limb Hypertonia
• Wheelchair-Bound
• Developmental Delays
• Seizures

Plaintiff has profound, global developmental delays.  He has severe spastic quadraparesis, which has resulted in bilateral contractures in the knees and ankles and severe compromise in arm function, particularly on the right.  Despite the use of medication, he has seizures.  He is blind and mute.  He is dependent on others for all activities of daily living.

Facts and Claim of Liability:    

In this medical malpractice case, Fitzgerald & Fitzgerald represented a child (hereinafter referred to as Plaintiff) with cerebral palsy, blindness, and other severe disabilities.  The prenatal period involved episodes of hospitalization for general weakness and vaginal bleeding. The Plaintiff mother was also noted to be obese.

Prior to Plaintiff’s birth, Plaintiff’s mother was diagnosed as having pregnancy-induced hypertension (PIH) by the Defendant Dr. Okpadi (Nassau-West Obstetrics and Gynecology) and was hospitalized from March 17 to March 22, 1994 for elevated blood pressure. On March 18, 1994, an umbilical artery doppler revealed an elevated systolic to diastolic ratio, indicating increased placental resistance.  On April 14, 1994, Plaintiff’s mother was again admitted by Dr. Okpadi for elevated blood pressure. Upon examination, a decision to perform a Cesarean section was made. However, the Cesarean section was performed after almost 6 hours. Plaintiff’s Apgar scores were 4 and 8 at one and five minutes, respectively.    

After birth, the Plaintiff remained in the NICU for two and a half months.  He had an intraventricular hemorrhage; grade IV intracerebral hemorrhage and post – hemorrhagic hydrocephalus.  He underwent ventriculo – peritoneal shunt placement at one month of age.

Fitzgerald & Fitzgerald successfully claimed that Dr. Okoro Okpadi, d/b/a Nassau-West Obstetrics and Gynecology, departed from generally good and accepted medical practice by failing to: (i) provide adequate care for pregnancy induced hypertension (PIH); (ii) deliver Plaintiff via C- section when persistent hypertension and placental resistance was noticed; and (iii) properly treat hypertension during the prenatal period.  Fitzgerald & Fitzgerald further claimed the resulting injuries included cerebral hemorrhage, cerebral palsy, blindness, hydrocephalus, learning difficulties, and brain damage.