SOURCE: Fitzgerald & Fitzgerald, PC

New York Medical Malpractice Lawyers

November 08, 2012 07:00 ET

New York Birth Injury Lawyers at Fitzgerald & Fitzgerald Settle Case for $5.5 Million

NEW YORK, NY--(Marketwire - November 08, 2012) -  The New York birth injury attorneys at Fitzgerald & Fitzgerald, whose Web site URL can be found at http://www.lawfitz.com, have agreed to an out-of-court settlement with regards to a lawsuit the firm filed on behalf of an infant who was allegedly permanently injured by different forms of negligence. The case was settled for an amount of $5,500,000 and the matter is now considered closed with regards to all parties who were involved. 

The New York medical malpractice lawyers at Fitzgerald & Fitzgerald handle legal matters on behalf of families whose children have been harmed before, during and after the delivery process due to mistakes made by the medical professionals who were supposed to oversee these births. The attorneys at the firm have agreed to a settlement on one of these lawsuits with a defendant that was filed on behalf of an injured infant. The case was settled for the amount of $5,500,000.00.

Specifically, the New York birth injury lawsuit at issue was filed in the Bronx Supreme Court and it was assigned a case number of 91414A. The case named Bronx Lebanon Hospital as the defendant and it sought the recovery of compensation for permanent injuries suffered by the infant plaintiff that were allegedly the result of negligence on the part of the defendant hospital.

According to the court documents, the infant plaintiff's mother reported to the defendant hospital at 10 a.m. on the day of the delivery in anticipation of inducing labor by way of Pitocin. By 11:30 a.m. that day, several different complications were noticed with the infant that included fetal bradycardia, late decelerations, variable decelerations and decreased beat-to-beat variability. The court documents went on to state that at that point, a 'stat' C-section was ordered.

However, the documents relating to the case also stated that despite being notified of this stat C-section by 11:45 a.m., that anesthesia did not arrive until 12:15 p.m. and the child as a result was not delivered until 12:25 p.m. In the nursery, the infant Plaintiff suffered meconium aspiration and was diagnosed with persistent fetal circulation. Twelve hours later, the infant suffered a convulsive seizure, which the court documents also referred to as a Grand Mal Seizure. Ultimately, the infant was diagnosed with fetal distress, meconium staining, perinatal depression and respiratory distress.

The New York birth injury lawyers filed this lawsuit against the defendant hospital and made specific allegations in the court documents that included the failure: (1) to recognize and take cognizance of the existence of fetal distress and take prompt action to prevent the same; (2) to properly evaluate infant Plaintiff's breech position in utero; (3) to appreciate the complications of labor which would have avoided the attempt of the external version; (4) to timely respond to the anesthesia order; and (5) to perform a timely C-section.

The case sought damages as compensation for these permanent injuries that were allegedly suffered because of the conduct that was described above, and the defendant hospital later agreed to settle the case in the amount of $5,500,000 as opposed to proceeding to trial. The case is now considered closed against this defendant.

About Fitzgerald & Fitzgerald
Fitzgerald & Fitzgerald is a law firm comprised of New York birth injury lawyers who have been representing clients harmed by the negligence of medical professionals overseeing births since the firm's inception in 1971. The attorneys at the firm handle New York birth injury cases, New York medical malpractice cases, New York cerebral palsy cases, New York personal injury cases, auto accident cases and other types of litigation matters that involve injuries inflicted upon individuals who need legal help.

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