SOURCE: Fitzgerald & Fitzgerald

Fitzgerald & Fitzgerald

August 29, 2012 03:00 ET

The New York Birth Injury Lawyers at Fitzgerald & Fitzgerald Settle Legal Claim for $500,000.00 on Behalf of Injured Client

The New York Birth Injury Attorneys at the Law Firm of Fitzgerald & Fitzgerald, a Team of Attorneys Who Provide Legal Representation to Families Whose Children Have Been Harmed During the Course of Childbirth, Have a Web Site Address That Is Located at the URL of; The Firm Hereby Announces That It Has Agreed to a Settlement for $500,000.00 to Close a Legal Claim That Had Been Pursued on Behalf of an Injured Client

NEW YORK, NY--(Marketwire - August 29, 2012) -   The New York birth injury attorneys at the law firm of Fitzgerald & Fitzgerald hereby announce that they have agreed to a settlement with regards to a birth injury case that was filed in New York on behalf of a client who was injured while in the process of being born in December of 2007. The settlement was in the amount of $500,000.00 and it closed the case that was filed against the defendant doctor.
This New York birth injury lawsuit was filed in the Queens County Supreme Court against the doctor who oversaw the birth and the hospital, Flushing Hospital Medical Center. It was assigned a case number of B08130 and it was pursued because, according to court documents, the infant plaintiff allegedly contracted Erb's palsy as a result of a failure to perform a caesarean section birth given the baby's large size and potential for harm if it was born vaginally.

Specifically, the infant plaintiff was born on December 11, 2007. According to court documents, the mother of the child reported to the defendant hospital at 6 a.m. that day with contractions. After a sonogram was performed, it was allegedly determined that the baby was 'large' in size and the mother requested that the doctor perform a caesarean section birth because a previous child she had delivered had been large also and had been diagnosed with Erb's palsy.

However, the court documents further allege that the defendant doctor decided against this recommendation by the mother and that he did perform a vaginal birth. The court documents additionally state that the mother remembers seeing the child after the delivery with vivid purple marks under his nose and purplish, reddish marks that were similar in appearance to broken capillaries on his forehead. Almost immediately after his birth, one of the doctors present informed plaintiff mother that there was something wrong with the baby's arm. Eventually, the baby was diagnosed with Erb's palsy.

The New York birth injury lawyers at Fitzgerald & Fitzgerald filed suit in Queens County Supreme Court, arguing that defendant doctor and defendant hospital departed from good and accepted medical practice in the care of infant plaintiff in failing to recommend a caesarian section to plaintiff mother, failing to perform a caesarian section once it became clear the baby was failing to descend, and in improperly delivering the child once dystocia had been encountered. The claim against the defendant doctor has settled for $500,000.00, but the claim against defendant hospital continues.

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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