New York Medical Malpractice Attorneys

$625,000-Settlement Birth Trauma - Failure to perform caesarean Cerebral Palsy, Spastic Diplegia

F&F# 92266

MEDICAL MALPRACTICE LAWYER - BIRTH TRAUMA - FAILURE TO PERFORM CAESAREAN - CEREBRAL PALSY, SPASTIC DIPLEGIA

Settlement: $625,000

Injuries:

The infant plaintiff suffers from cerebral palsy and spastic diplegia and is able to walk, but has an awkward gait and braces on her lower legs. She has strabismus and is intellectually impaired. The infant Pltf. attends a special education public school, and she can perform simple mathematics, dress herself, feed herself, and is toilet trained.

Facts:

Plaintiff's mother, who was at 30 weeks gestation at the time, claimed that on 6/6/88 at approximately 2:30 A.M. she presented to Bellevue Hospital with a premature rupture of membranes. She had only gone to one prenatal visit. The infant Pltf. was delivered at 11:09 AM by Caesarean section. All labor and delivery records were lost by the hospital, but the fetal heart monitor strips had been preserved. The newborn record indicated that the infant Pltf. was born by Caesarean section because he was in a "breech presentation." It also refers to the fact that the mother had a prior Caesarean section. The infant Pltf.'s Apgar scores were 7 and 9, and she weighed 3 pounds 9 ounces at birth. She was intubated in delivery and remained intubated for 6 days. The infant Pltf. was hospitalized through 7/13/98.

Pltfs. argued that the hospital was negligent for failing to preserve the medical records and failing to perform a Caesarean section in the face of fetal distress, which, they claimed, was indicated n the fetal heart monitor. They also contended that Deft. negligently discontinued electronic fetal heart monitoring approximately 1 hour prior to delivery. Deft. claimed that the infant Pltf.'s injuries were solely due to her prematurity, which was caused by the premature rupture of the membranes while Pltf. mother was at home. Deft. contended that the rupture and prematurity could have been avoided if Pltf. mother had received more prenatal care. They also claimed that the Apgar scores indicated that there was no fetal distress in utero and that the need to intubate in the delivery room demonstrated respiratory distress syndrome as a result of severely underdeveloped lungs.