SOURCE: Fitzgerald & Fitzgerald

Fitzgerald & Fitzgerald

October 12, 2012 06:00 ET

The New York Birth Injury Lawyers at Fitzgerald & Fitzgerald Settle Birth Injury Lawsuit on Behalf of Disabled Client for $4,400,000.00

NEW YORK, NY--(Marketwire - October 12, 2012) -  The New York birth injury attorneys at the law firm of Fitzgerald & Fitzgerald, whose Web site URL can be found at, hereby alert the public to the fact that the firm has agreed to a settlement with regards to a New York medical malpractice lawsuit that was filed on behalf of an infant client. The settlement was in the amount of $4,400,000.00 and it has resulted in the case being closed.

The New York birth injury lawyers at the law firm of Fitzgerald & Fitzgerald have been representing clients who have suffered injuries while in the process of being born since the firm began in 1971. These medical malpractice cases have been filed all over New York, and the firm hereby announces that it has reached a settlement agreement on another New York birth injury lawsuit that was filed on behalf of an infant client. The case was settled for an amount of $4,400,000.00. 

The case was filed in Queens County Supreme Court and it was assigned a case number of A07076. It concerned a child that was born under difficult circumstances and who was dealing with significant disabilities. The New York birth injury lawsuit filed alleged that these injuries and disabilities were the result of substandard and negligent medical care that was provided by the defendant, Winthrop-University Hospital. 

Specifically, the case concerned a child who was born on April 21, 2006. On April 17, 2006, the mother reported to the defendant hospital for an ultrasound, at which time it was discovered that there was a decrease in the diastolic flow. The mother was placed in a room for ongoing observation with a heart monitor. The heart rate of the infant continued to drop and on April 21, the child was delivered after 28 weeks in gestation. All of these facts were detailed in the court documents relating to the case.

According to these same court documents, the child was born with hypospadias and patent ductus arteriosus in the heart as well as a grade III to IV intraventricular hemorrhage (IVH) in infant plaintiff's brain. Two months later, the child was diagnosed with hydrocephalus. The child was ultimately released from the hospital four months after birth. 

The court documents claim that the child currently suffers from significant neurological and neurodevelopmental disabilities. He has spastic triparesis, and his development is limited. He has post hemorrhagic hydrocephalus and has a ventriculoperitoneal shunt. He has a seizure disorder. His neurological injuries and disabilities are permanent, and he is cognitively impaired and functions in the mentally retarded range of intellectual abilities.

Based on the allegation in the court documents that the child will never be able to be employed and that he will need constant ongoing care and supervision, the New York birth injury lawyers filed a lawsuit against the defendant hospital, arguing that defendant doctors and defendant hospital departed from good and accepted medical practice in the care of infant plaintiff in failing to properly monitor plaintiff mother and infant plaintiff in light of reverse end-diastolic flow and failing to timely deliver infant plaintiff via caesarian section in light of repeated variable decelerations. Rather than litigate the matter, the case was settled for an amount of $4,400,000.00.

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 medical malpractice cases, New York birth injury 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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