File No. 09191
Injury: Cognitive deficits and speech delays.
Settlement: $1,500,000.00
Facts and Claim of Liability:
Infant Plaintiff, AB was born on November 6, 2004, at St. Luke’s Roosevelt Hospital at 40 weeks gestation via NSVD (Natural Spontaneous Vaginal Delivery) with the birth weight of 6 lbs 8 oz.
Plaintiff’s mother obtained prenatal care from a private OB/GYN in New York City starting from the early first trimester. The whole pregnancy period was without any incidents. The estimated date of delivery was October 27, 2004.
On early morning of November 2nd, AB’s mother had contractions and some vaginal spotting. Around 5 AM, she arrived at the Defendant hospital’ Emergency Room but was not seen until approximately 8 AM when she was examined. She was found to be 1 cm dilated and membranes were intact. The hospital doctor advised her to walk around the hospital area to see if that would help her to advance a little. At 10 AM, plaintiff’s mother was checked again: she had the same level of contractions, and was 1 cm dilated. After that, she was instructed to go home and return if spontaneous rupture of membrane (SROM) would occur.
During the period from November 2nd when she returned home from the defendant hospital and until November 5th, contractions intensified in duration and magnitude. Plaintiff’s mother recalls that the baby was active between contractions.
At 8 AM on November 5th, contractions became more frequent and AB’s mother went to the defendant hospital’s ER. She was still dilated for 1 cm and SROM did not occurr. Hospital doctors attached Electronic Fetal Heart Monitor (EFHM) and infused an I.V. (intravenous infusion) to plaintiff’s mother. At 5.30 PM on the same day, her membrane ruptured and she was taken up to a labor room. Another bag was attached to the I.V. pole and contractions became intolerable shortly thereafter. AB’s mother was administered an epidural upon her request.
After several vaginal examinations she was still not ready to deliver. Finally, after another exam she was dilated for 7 cm, and the doctor told her to start pushing. Plaintiff’s mother pushed as hard as she could but this did not bring any result. After that, the delivering OB, first, used a vacuum but that failed; then, he used the forceps which did not help to pull the baby. The unborn plaintiff was stuck. AB’s mother recalled that she was left alone, unattended with the baby’s head out for a couple of minutes while the OBs went to find assistance. Then, the hospital’s doctors pulled Infant Plaintiff out. He did not breathe and was pronounced dead but was later revived. AB had many bruises on his head which was extremely red.
After the infant plaintiff was born he was sent to the NICU (Neonatal Intensive Care Unit) and then discharged 9 days later.
When AB was 6 years old he acted as a child of age 3, experienced cognitive deficits, speech and language delays. He also had a seizure disorder and probable ADHD. He received special education, speech, physical, and occupational therapy. He was under anticonvulsant medication.
The Fitzgerald Lawyers filed suit in New York County Supreme Court, arguing that Defendant hospital and staff departed from good and accepted medical practice in the care of infant plaintiff in failing to treat pregnancy as a high risk pregnancy, failing to deliver the baby at or around the time of the estimated delivery date and failing to provide medical care and treatment to plaintiff’s mother by performing a C-section to Infant Plaintiff’s mother who was full-term over due. The Fitzgerald Lawyers ultimately settled with D$1,500,000.00.