New York Medical Malpractice Attorneys

$2,550,000-Mental Retardation, Cerebral Palsy, Seizure Disorder & Developmental Delays

Fitzgerald & Fitzgerald Case #94238A

MEDICAL MALPRACTICE - MENTAL RETARDATION, CEREBRAL PALSY, SEIZURE DISORDER & DEVELOPMENTAL DELAYS

Jury Verdict: $2,550,000

Injuries:

• Static Encephalopathy
• Mental Retardation
• Cerebral Palsy
• Strabismus
• Speech & Motor deficits
• Seizure Disorder
• Deafness
• Developmental Delays
• Microcephaly
• Generalized Spasticity
• Pre-term labor
• Premature birth
• Low birth weight

Facts and Claim of Liability:    

The infant plaintiff was born on October 11, 1991 via Cesarean section at 27weeks gestation at the defendant Hospital New York City Health and Hospital Corporation (Metropolitan Hospital).

On October 10,1991, one day prior to delivery, the Plaintiff Mother attended a pre-natal check-up at the defendant hospital New York City Health and Hospital Corporation (Metropolitan Hospital) complaining of itchy and smelly vaginal discharge. The defendant hospital administered suppositories and discharged her. The following day, on October 11, 1991 at approximately 8.00am the Plaintiff Mother experienced some pains. She reached the defendant Hospital at around 10.32am and was admitted by about 11.00am. Upon admission no contractions were noted. The Infant Plaintiff's FHR was noted to be 130 and non-reactive. At around 4.00pm an emergency C-Section was planned because the Fetal Heart Monitor recorded repetitive late decels, and non accessible scalp PH. The defendant hospital also diagnosed the Plaintiff Mother with chorioamnionitis and noted that the mother’s fluid discharge was foul smelling.

The Infant Plaintiff was delivered via a cesarean section at 4.31pm weighing 2lb and 4.5 oz. She was diagnosed with respiratory distress syndrome and was immediately sent to NICU in a heated isolette with oxygen and was intubated. Her Apgar scores were 5, pre-intubation and 7, post-intubation. The Infant Plaintiff was diagnosed with cholestatic jaundice, clinical sepsis, and metabolic acidosis. She remained hospitalized for almost 5 months and was discharged on March 6, 1992.

Fitzgerald & Fitzgerald successfully claimed that Defendant New York City Health and Hospital Corporation (Metropolitan Hospital), its agent and employees, departed from generally good and accepted medical practice by failing to: (1) timely diagnose sepsis; (2) diagnose the significance of late decelerations and fetal bradycardia; (3) diagnose respiratory distress and acidosis; (4) prevent pre-term labor and premature delivery; (5) timely perform the cesarean delivery; and (6) diagnose jaundice & hyperbilirubinemia.