Human beings are rarely if ever more vulnerable to harm than when they are in the process of being born. Medical care providers who are handling a birth are supposed to take every measure and precaution in order to minimize the chance that something will go drastically wrong. While problems will still arise despite these steps in certain situations, when mistakes are made they can lead to a lifetime of struggle for the child. Such was the allegation in regards to a New York birth injury lawsuit that recently came to a decision, and the jury awarded the plaintiffs $3 million in damages.
The case centered on the birth of Marlayna Kineke, who was born almost 18 years ago at the Glens Falls Hospital, which is located in Warren County. On the morning of her birth, the defendant, Dr. Stephen Serlin, who was in charge of the birth, was summoned to the hospital in order to oversee the delivery. For reasons that were not fully explained, he did not arrive until after 7 a.m. and the Cesarean section surgery did not begin until almost 8:15 a.m. During that time, the child suffered from a compressed umbilical cord that led to a condition known as fetal asphyxia. This condition ultimately caused brain damage that led to a diagnosis of cerebral palsy. The jury found the doctor liable for this condition and awarded the verdict as a result.
United States Birth Injury Statistics
First, we'd like to congratulate the plaintiff and her family for their determination in pursuing justice in this matter. 17 years is a long time to suffer from this condition, and the case was filed seven years ago. In short, the family deserved their day in court and will find much help in the care of Ms. Kineke with this award. In addition, this birth has become part of the overall statistics regarding United States birth injury rates. Every year in the country, more than 28,000 infants suffer some form of injury or trauma as a result of a mistake made during the delivery process.
New York Birth Injury Lawyers
Unfortunately, cases like the one discussed above are all too common. Even the slightest mistake can lead to a lifetime of consequences, and the families who are left with the responsiblity of caring for these injured children often are not sure where to turn for the help that they need. In addition, cerebral palsy is a condition that can lead to millions of dollars in medical costs that go towards providing that child with the best life possible.
If your child has suffered a birth injury because of what you believe was a mistake made by those whose responsibility was to protect your child's safety, seek the help of New York birth injury lawyers who have been holding those responsible for this type of harm accountable for 40 years. Contact Fitzgerald & Fitzgerald today to schedule a free initial consultation.






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