Infant Plaintiff was born at St. Luke’s Roosevelt Hospital on May 15, 1995.  He was a product of a 28 week gestation delivered by cesarean section.

On the date of delivery, Plaintiff’s mother presented at the Emergency Room of St. Luke’s Roosevelt Hospital at around 9:00 a.m. with the complaint of spotting and contractions. A diagnosis of premature labor was made.  After examination in the screening room, the infant Plaintiff’s mother was put on an electronic fetal heart rate monitor (EFHM).  No other treatment or medicine was given subsequently.  Labor was allowed to progress until MGSO4, Dexamethasone and Terbutaline were loaded at 3:15 p.m., 6:00 p.m. and 7:45 p.m., respectively.

Sonogram at 8:15 p.m. revealed bradycardia and fetal jeopardy.  Infant Plaintiff’s mother was rushed to ER for an emergent cesarean section.  Infant Plaintiff was delivered at 8:41 p.m.  His Apgar scores were 3, 6 and 8 at 1, 5 and 10 minutes respectively.  He was intubated in the delivery room and transferred to the NICU on a ventilator.  The infant Plaintiff required umbilical vein catheterizations as well as umbilical artery catheterizations.  Infant exhibited neonatal neurological syndrome in the NICU. The infant Plaintiff was hospitalized for the following two and half month during which he experienced Tachycardia, tachypnea, bradycardia, anemia, a staph sepsis and a serratia infection.  Even after discharge, infant Plaintiff suffered from bilateral inguinal hernia, acute laringotracheitis with difficulty breathing, V-pattern esotropia and strabismus.  The infant Plaintiff had and continues to have various hospital admissions and outpatient visits.    

Fitzgerald & Fitzgerald lawyers argued that St. Luke’s Roosevelt Hospital, its agent and employees, departed from generally good and accepted medical practice by failing to delay premature labor and to timely administer medicine to inhibit premature labor which resulted in catastrophic and permanent injuries to the infant Plaintiff.