The infant Plaintiffs (twins) were born via Caesarean section on March 23, 1998, at twenty-three weeks of gestation at Metropolitan Hospital Center.

Plaintiff mother’s obstetrical history was remarkable for five prior abortions and one miscarriage.

On March 12, 1998(approximately two weeks before delivery), the Plaintiffs' mother presented to Metropolitan Hospital Center with complaints of dizziness and abdominal pain, but was sent home several hours later.

From March 14, 1998 to March 16, 1998 (the “first admission”), the Plaintiffs' mother was hospitalized at Metropolitan Hospital Center for premature labor with complaints of a mucinous discharge for 4 days. She was discharged after the contractions were suppressed with IV tocolytic.

The Plaintiff's mother returned to Metropolitan Hospital Center on March 19, 1998 (the “second admission”) complaining that she felt “something coming out of her vagina”.  Physical examination revealed that her cervix was 3-4 cm. dilated, with the leg of Twin A prolapsing through the cervix. Admitting diagnoses included incompetent cervix with advanced cervical dilatation and hourglassing/bulging membranes. A tocolytic was administered intravenously. During her period of hospitalization till the birth of the twins, no amniocentesis or rescue cerclage was done. 

On the third day of the second admission, the Plaintiffs' mother was put on decreased dosage of the tocolytic. It was subsequently discontinued and changed to an oral tocolytic. An inspection of the perineum revealed that the membranes were 1 cm. into the entrance of the vagina and the Plaintiffs' mother was placed in a Trendelenburg position.

On the fourth day of the second admission, an ultrasound evaluation revealed that the Twin A’s feet was in the cervical canal and Twin B was in breech position. Based on the evaluation, the consulting perinatologists decided to deliver the twins through an emergency c-section. Twin A was born with Apgars of 5 and 6, and Twin B was born with Apgars of 6 and 8. The infant Plaintiffs were transferred to the NICU and placed on mechanical ventilation and required treatment for respiratory distress syndrome, hyperglycemia and metabolic acidosis, thrombocytopenia, hyperbilirubinemia, apnea, advanced retinopathy, retinal detachment, right lung collapse, pneumothorax, intracranial bleeds and bowel/bladder incontinence. Twin A remained in hospital for a period of five months, while Twin B was transferred after a month of hospitalization.

Fitzgerald & Fitzgerald contended that Metropolitan Hospital Center, its agent and employees, departed from generally good and accepted medical practice by discharging the Plaintiffs' mother from the first admission, despite knowledge of an incompetent cervix and failing to perform a cerclage during the first admission.  Fitzgerald & Fitzgerald also argued that the failure of Metropolitan Hospital Center to appreciate the Plaintiffs' mother’s prior medical history and incompetent cervix and perform therapeutic decompression, amniocentesis and a timely rescue cerclage procedure during the second admission, contributed to the premature birth of the infant Plaintiffs.  As a result, the infants suffered cerebral palsy, autism, brain damage and other severe and permanent injuries.