New York Medical Malpractice Attorneys

$4,000,000-Failure to treat preeclampsia and other negligent care during pregnancy resulted in cerebral palsy and other injuries

Fitzgerald & Fitzgerald Case # A03013

Medical Malpractice Lawyer

Cerebral Palsy and Global Developmental delays

Settlement: $4,000,000

Injuries:     

• Cerebral Palsy
• Seizure Prophylaxis
• Global Developmental Delays
• Wheelchair Bound
• Deaf
• Loss of Language
• Contractures of Extremities

Facts:     

In this birth injury case, Fitzgerald & Fitzgerald represented a child with cerebral palsy (hereinafter referred to as Plaintiff).  Plaintiff was born on July 17, 1998 via an emergency cesarean section at 40 weeks gestation.

Plaintiff’s mother obtained prenatal care from the Defendant New York City Health and Hospital Corporation (Jacobi Medical Center).  A week prior to the delivery, she had several prenatal visits, during which various signs and symptoms of pre-eclampsia were noted.  (Pre-eclampsia is evidenced by protein in the urine, swelling or edema and elevated blood pressure).

On July 10, 1998, Plaintiff’s mother’s urine samples were tested and found to be positive for protein. She also complained of a persistent headache. On July 12, 1998, her blood pressure was recorded to be 137/78. On July 14, 1998, her urine test returned with the same result, viz., “positive for protein”. Her blood pressure recorded diastolic numbers of 66, 74 and 84.  A non stress test (NST) revealed a non-reactive period of the fetus for over 30 minutes.  At the same time, she kept experiencing a headache.

On July 17, 1998, upon admission to Jacobi Medical Center at 4:20 a.m., Plaintiff’s mother was diagnosed with prenatal distress and decreased fetal movements.  She was rushed into the operation room for an emergency C-section. Plaintiff was born at 4:53 a.m. Apgar scores were 2, 2 and 5 at 1, 5 and 10 minutes, respectively. The amniotic fluid was noted to be meconium stained. An endotracheal tube was placed, and Plaintiff was transferred to the neonatal intensive care unit (NICU). Plaintiff’s subsequent nursery course was stormy. She was noted to have severe voltage suppression via EEG test, diffuse lucencies throughout the supratentorial region consistent with anoxic brain damage. Plaintiff was diagnosed as having seizure, acute renal failure, metabolic acidosis, dehydration, gastroesophageal reflux, asphyxia, hypoxic ischemic brain injury, hypertonia and liver dysfunction. Even after her discharge on September 3, 1998, infant Plaintiff continued to have numerous clinic visits for pediatric problems.

Fitzgerald & Fitzgerald successfully claimed that the Defendant New York City Health and Hospital Corporation (Jacobi Medical Center), its agent and employees, departed from generally good and accepted medical practice by failing to: (1) appropriately monitor and follow up Plaintiff’s mother’s blood pressure; (2) appropriately respond to proteinuria; (3) take heed of Plaintiff’s mother’s complaints of persistent headache; (4) timely diagnose and treat pre-eclampsia; and (5) admit and monitor Plaintiff,s mother in the face of non-reactive NST test result on July 14, 1998.