• The infant plaintiff suffered from cerebral palsy and spastic diplegia
• He used a walker to ambulate short distances
• He required therapy, medical care, and medical supplies.
• His earning capacity was diminished.
• He will require at-home care or a group home for the duration of his life.

Plaintiff's mother was admitted to Kings County Hospital (defendant) on 4/8/91 with prematurely ruptured membranes. Tests in­cluding non-stress tests and biophysical profiles were performed. The infant plaintiff was born on 4/16/91. Pltf. claimed that junior residents were assigned to care for her during labor, and were not supervised. A doctor wrote a note at 7:30 PM on 4/15, ordering the start of Pitocin.

Fitzgerald & Fitzgerald successfully argued:

• that this doctor should have been present to watch over her labor and instruct the residents
• that it was a departure to start Pitocin when persistent variable decelerations were noted
• that Kings County Hospital was negligent for failing to order a Cesarean section when these variable decelerations were noted to be continuous at 10 PM
• that the decelerations were caused by cord compression beginning with an occult cord, which later became a fully prolapsed cord
• that a Cesarean should have been performed no later than 10:30 PM
• that the infant suffered an injury to the periventricular area of the brain because of loss of oxygen (oxygen deprivation)