• Brain damage
• Cerebral palsy
• Hypoxia
• Bradycardia
• Apnea
• Respiratory Distress
• Hypotonicity of the oral speech musculature
• Limited & Restricted abdominal/thoracic movement
• Forced Phonation
• Global Developmental Delay
• Low adaptive level of motor skills
• Loss of control of head movements

The Infant Plaintiff was born on June 18, 1996 at the Defendant Hospital Mount Sinai Hospital at 29 weeks of gestation via a Cesarean section.

The Infant Plaintiff’s mother was a 22 year old and had a prior history of two miscarriages and a delivery at 32 weeks of gestation.

Infant Plaintiff’s mother went to Defendant Hospital Mount Sinai Hospital for her pre-natal care on June 13, 1996 complaining of abdominal pressure. She was placed on and External Fetal Heart Monitor, but no contractions were noted and she was sent home. On the eve of June 15, 1996, the Infant Plaintiff’s mother experienced sharp pains. When she called the defendant Hospital Mount Sinai Hospital she was advised to take Tylenol and to relax. She was told to go to the hospital if the pain increased.

On the morning of June 18, 1996, the Infant Plaintiff’s mother awoke in pain and at around 11.30am she felt her contractions begin. At about 11.45am she was admitted to the Defendant Hospital Mount Sinai Hospital. By 11.50am she was sent to the Operation Room to deliver as she was fully dilated with a single footling breech. At 12.18pm the Infant Plaintiffs’ mother’s membranes ruptured during the performance of the C-Section causing infections to the Infant Plaintiff.

The Infant Plaintiff was born with Apgar scores of 6 at 1 minute and 6 at 5 minutes. He was immediately intubated and was sent to the NICU. He remained hospitalized for two months during which time he experienced respiratory distress with several episodes of apnea and desaturations.

Fitzgerald & Fitzgerald successfully maintained that Defendant Mount Sinai Hospital, its agent and employees, departed from generally good and accepted medical practice by failing to: (1) detect and timely act upon premature labor and breakthrough cervical dilation; (2) diagnose and anticipate fetal respiratory distress; (3) provide proper and adequate treatment for respiratory distress syndrome; (4) diagnose and anticipate fetal hypoxia, fetal lung immaturity, infection and severe respiratory distress.