SOURCE: Fitzgerald & Fitzgerald, PC

New York Medical Malpractice Lawyers

October 31, 2012 06:00 ET

New York Birth Injury Lawyers at Fitzgerald & Fitzgerald Settle Lawsuit for $1.85 Million

NEW YORK, NY--(Marketwire - October 31, 2012) -  The New York birth injury attorneys at the law firm of Fitzgerald & Fitzgerald, whose Web site URL can be found at, hereby announces that the firm has agreed to a structured settlement on behalf of an infant client who suffered brain damage and cerebral palsy as a result of alleged negligence by a midwife who helped to deliver the child. The amount of the settlement was agreed to be $1.85 million and it was approved by a medical malpractice panel helping to oversee the case.

The New York birth injury lawyers at the law firm of Fitzgerald & Fitzgerald represent families whose children were badly injured before, during and after the process of being born as a result of the negligence of the medical professionals who were supposed to properly oversee these births. The attorneys at the firm have reached a settlement agreement with regards to a New York medical malpractice lawsuit filed on behalf of an infant client in the amount of $1.85 million. This settlement was approved by the medical malpractice panel that was overseeing the case, and the matter is now closed.

The case, which was filed in New York and which was given a case number of 86244A, concerned an infant who was born at Metropolitan Hospital in Manhattan. The mother of the child had agreed to hire a midwife to handle the birth of that child, and the mother and midwife were in the delivery room with obstetrical residents at the time. 

According to the court documents, as the child was being born, the midwife realized that he had a tight umbilical cord and that there was meconium present. After the child was born, it was noted that there were Apgar scores of 0 at 1 minute and 0 at 5 minutes. Upon realizing these signs of potential distress, the obstetrical residents decided to perform resuscitation. The child was not seen by a pediatrician until 15 minutes after the birth, the court documents alleged.

The pleadings that were filed for the case alleged that because of the failure to recognize the signs of distress in the child in a timely manner, because of the negligent performing of resuscitative steps after the child was born and because of the delay in seeing the pediatrician, the child suffered brain damage. The court documents further allege that because of this brain damage, the child suffers from cerebral palsy. 

The case was filed in New York and it was at the point where jury selection was about to begin. At that point, the defendant agreed to a structured settlement with the infant plaintiff and the family in the amount of $1.85 million. The New York medical malpractice panel approved the settlement both in terms of the amount and the structure. 

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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