This action settled for $2,850,000 prior to jury selection. On 5/3/82, Plaintiff's mother, who was 24 to 26 weeks pregnant with infant Plaintiff, called Defendant doctor and complained of spotting. Plaintiff's mother claimed that Deft. had "guests" and that he instructed her not to go to the hospital, but to put her feet up and he would see her the following day. On 5/4/82, Plaintiff's mother suffered ruptured membranes while at home. She went to Misericordia Hospital, but was transferred to Defendant Albert Einstein Hospital. She vaginally delivered the Plaintiff with a face presentation on 5/5/82.
The infant Plaintiff's Apgar scores were 3/8 at 1/5 minutes. The infant Plaintiff was discharged from the hospital on 7/29/82. He suffered from respiratory distress syndrome, which required oxygen therapy.
Fitzgerald & Fitzgerald contended that Defendant doctor failed to treat Plaintiff's mother as a high-risk patient and admit her when she was spotting. Fitzgerald & Fitzgerald also argued that Defendant doctor failed to prescribe bed rest and IV hydration, perform a cesarean section when there was fetal distress, and manage a face presentation.
Fitzgerald & Fitzgerald contended that once the infant Pltf. was born, Defendants failed to properly monitor and administer oxygen therapy at appropriate therapeutic levels. Fitzgerald & Fitzgerald further claimed that infant Plaintiff suffered hypoxic episodes due to low oxygen levels and retrolental fibroplasia as a result of excessive oxygen levels. | 
