The infant Plaintiff was born at Bronx Lebanon Hospital at 42 weeks of gestation.

On the date of delivery, the Plaintiff mother was admitted at Bronx Lebanon Hospital at approximately 10:00 a.m.  The admission plan was to induce labor by pitocin induction.  At around 11:30 a.m., fetal bradycardia, late decelerations, variable decelerations and decreased beat-to-beat variability [ BTBV ]were noted. An external version was attempted but was not successful due to the breech presentation of the infant.  A stat C-section was then decided upon and the anesthesia was notified at around 11:45 a.m.  However, the records showed that the anesthesia did not arrive until 12:15 p.m. and the infant was not delivered until 12:25 p.m. – approximately one hour after the stat C-section was ordered.  Infant Plaintiff’s Apgar scores were noted to be 2, 6 and 7 at 1, 5 and 10 minutes, respectively.  She was intubated and mechanically ventilated at birth due to decreased respiratory effort.  In the nursery, the infant Plaintiff suffered meconium aspiration.  Persistent fetal circulation was diagnosed.  A convulsive seizure ( GRAND MAL SEIZURE ) was noted at twelve hours of age.  She was diagnosed with fetal distress, meconium staining, perinatal depression and respiratory distress. 

Fitzgerald & Fitzgerald successfully claimed that Bronx Lebanon Hospital its agent and employees, departed from generally good and accepted medical practice (medical malpractice) by failing to: (i) recognize and take cognizance of the existence of fetal distress and take prompt action to prevent the same; (ii) to properly evaluate infant Plaintiff’s breech position in utero;(iii) appreciate the complications of labor which would have avoided the attempt of the external version; (iv) timely respond to the anesthesia order; and (v) perform a timely C-section, which resulted in the grand mal seizure and severe and permanent injuries suffered by the infant Plaintiff, including cerebral palsy.