New York Medical Malpractice Attorneys

$7,500,000-Jury Verdict Birth Trauma- Failure To Properly Administer Antibiotics To Treat Urinary Tract Infection Of Mom

F&F# 89042A

MEDICAL MALPRACTICE-BIRTH INJURY-FAILURE TO PROPERLY ADMINISTER ANTIBIOTICS TO TREAT URINARY TRACT INFECTION OF MOM DURING PREGNANCY, RESULTING IN PRETERM LABOR AT 26 WEEKS-CEREBRAL PALSY, HYDROCEPHALUS, AND MENTAL RETARDATION.

Jury Verdict: $7,500,000

Breakdown: $2,500,000 for past pain and suffering; $3,000,000 for future pain and suffering; $2,000,000 for future lost earnings

Injuries:

• Germinal matrix bleed
• Periventricular leukomalacia
• Spastic diplegia (a form of cerebral palsy)
• Hydrocephalus
• Mental retardation

Facts: On 4/26/86, Pltf. Arlene Mandroukakis, then 26 weeks pregnant, began experiencing labor pains and frequency of urination. She contacted her private obstetrician, Deft. Way (defense verdict) at approximately 7 AM, who admitted her to Vassar Brothers Hospital at about 8 AM. Dr. Way placed her on magnesium sulfate, a tocolytic medication used to delay labor. Dr. Way arranged for Ms. Mandroukakis to be transferred to Westchester County Medical Center, a tertiary care facility, because Vassar Brothers Hospital was not equipped to care for an infant of 26 weeks' gestation. She was admitted at 12:20 PM, with complaints of contractions and frequency and urgency of urination. Her temperature had increased from 98.6° to 99.2°. Dr. Stivala diagnosed a possible urinary tract infection and ordered a urinalysis and urine culture, and continued the magnesium sulfate. Evidence indicated that the urinalysis showed occasional bacteria, and the culture showed no growth. No antibiotics were administered. At 4:15 PM, the magnesium sulfate was ineffective, and Ms. Mandroukakis was switched to Ritodrine, which stopped the contractions. At 11 PM, Dr. Wei diagnosed a urinary tract infection and ordered antibiotics. Contractions returned, and Pltf. was in labor the morning of 4/27/86. Ritodrine was terminated at 3 PM, and the infant Pltf. was delivered vaginally at 3:23 PM at 2 lbs, 2 oz. Her apgar score was 7 at 1 minute, and 8 at 5 minutes.