This was a birth injury case. The infant Pltf. was born at Deft. Hospital on 10/12/86. Deft. was the private obstetrician attending the birth. Fitzgerald & Fitzgerald contended that in the 1 hour and 35 minutes before the delivery, the fetal heart monitor indicated deep decelerations with a slow return to baseline. Pltf. contended that although this was a sign of fetal distress, Deft. and the Hospital nursing staff failed to provide appropriate intervention.

Fitzgerald & Fitzgerald contended that due to her mother's small pelvis, she was stuck in the birth canal and she was without oxygen for 18 minutes. The infant was cyanotic at birth and ambubagged. She had Apgar scores of 1 and 2. Pltf. suffered seizures 2 hours after her birth.

Fitzgerald & Fitzgerald contended that Defts. were negligent for failing to provide appropriate treatment after monitors indicated fetal distress and that Deft. should have performed a Cesarean section, especially in light of her mother's small pelvis.