$3,650,000.00-Medical Malpractice: Cerebral Palsy, Seizure Disorder and Mental Retardation
Cerebral Palsy, Seizure Disorder and Mental Retardation
Injuries: Spastic left hemiplegic Cerebral Palsy; Ocular dysfunction; Seizure disorder; and Mental retardation
Facts & Allegations: The infant Plaintiff was born on August 3, 1987 at the Defendant Hospital New York City Health and Hospitals Corporation (Lincoln Medical & Mental Health Center) at 28 to 30 weeks of gestation via a vaginal delivery.
On the day of delivery, at about 7:00 a.m., the Plaintiff mother presented to the Defendant Hospital with ruptured membranes. She was sent directly to the labor room. During the following 11 hours, the Plaintiff mother was left unattended at the labor room and her labor progress was not assessed and monitored regularly. At 17:46 p.m., the infant Plaintiff was delivered on a normal bed in the labor room. No obstetrician or pediatrician was present.
The infant Plaintiff was brought to a delivery room after birth. At birth, the infant Plaintiff weighed 2 lbs 4 ounces. His Apgar scores were noted to be 3 at one minute, 1 point for heart rate, 1 point for respiration and 1 point for color. The infant Plaintiff was bagged and masked in the delivery room. Subsequently, the pediatricians were notified. Upon arrival of the pediatricians, the infant Plaintiff was intubated and his respiratory condition was noted to be critical. The infant Plaintiff was not transferred to the NICU until 19:00 p.m. due to a shortage of bed at the Defendant Hospital and therefore, he had no access to NICU facilities for over an hour.
On August 4, 1987, the infant Plaintiff was transferred to St. Vincent Hospital as no bed was available in the NICU. The infant Plaintiff remained hospitalized until October 28, 1997. He was diagnosed with Perinatal Asphyxia and Cerebral Hemorrhage.
Fitzgerald & Fitzgerald successfully argued that Defendant New York City Health and Hospitals Corporation (Lincoln Medical & Mental Health Center), its agent and employees, departed from generally good and accepted medical practice by failing to: (1) monitor preterm labor and delivery; (2) provide the Plaintiff mother and infant Plaintiff with adequate and timely obstetric and pediatric care; (3) provide proper neonatal care to the infant Plaintiff; and (4) promptly provide NICU facilities to the infant Plaintiff, which resulted in severe and permanent injuries to the infant Plaintiff.
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