SOURCE: The Fitzgerald Law Firm

The Fitzgerald Law Firm

February 11, 2016 06:00 ET

Court Rules in Favor of Fitzgerald Client in Record Medical Malpractice Case

NEW YORK, NY--(Marketwired - February 11, 2016) - Attorneys with the Yonkers-based Fitzgerald Law Firm successfully litigated a medical malpractice case, securing a judgement of more than $135 million for a mother whose child suffered brain damage during delivery.

The verdict for case number 22788/12 was recorded in Queens Supreme Court on Dec. 14, 2015. The total award was $134,160,337.54.

During the trial, Fitzgerald attorney Randy Nassau successfully showed that Dr. Geddis Abel-Ray departed from what is recognized as standard medical practice during the infant's birth. The infant was later shown to have developed bilateral brain damage, spastic diplegia (a form of cerebral palsy) and blindness. The baby was also unable to move around.

"A human being is perhaps most vulnerable to harm during the birthing process," said Nassau. "When something goes wrong -- as it did in this situation -- the repercussions are often a lifetime of underserved consequences for the child and the parents."

The mother of the victim was admitted to New York Hospital of Queens on March 29, 2008 with contractions. Dr. Abel-Bey conducted an initial exam before ordering Pitocin augmentation to be administered. Pitocin is a synthetic version of oxytocin, a hormone that makes the uterus contract. While contractions became more frequent, the infant experienced multiple deep heart rate decelerations over the course of 17 minutes, resulting in hypoxia -- a deprivation of adequate oxygen supply.

While the infant was eventually admitted to the regular nursery, the mother observed seizure activity and the infant was transferred to the neonatal intensive-care unit (NICU).

The jury found that Dr. Abel-Bey was 100 percent liable for the damages by:

  1. Ordering and administering the Pitocin;
  2. Failing to closely monitor the infant's heart rate;
  3. Failing to administer Terbutaline -- a treatment used during preterm labor -- in a timely manner; and
  4. Failing to respond to and correct the rate of contractions.

About The Fitzgerald Law Firm
The Fitzgerald Law Firm, is a medical malpractice law firm in New York focused in protecting the rights of their clients who have suffered from medical malpractice injuries and hospital negligence. For more than 40 years, the Fitzgerald Law Firm has successfully represented hundreds of cases throughout New York and across the country.

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