SOURCE: Fitzgerald & Fitzgerald
NEW YORK, NY--(Marketwire - August 03, 2012) - The New York medical malpractice lawyers at Fitzgerald & Fitzgerald, a firm that provides legal representation to those who have been injured while receiving medical care, hereby alert the public that the firm has agreed to an out-of-court settlement with a defendant hospital regarding a New York medical malpractice lawsuit filed on behalf of an infant who was injured during the delivery process. The settlement amount is $1,300,000.00.
Specifically, the New York medical malpractice lawsuit that was filed was known as Ferreiras v. Albert Einstein Hospital, and it was filed in the Bronx County Supreme Court. The case was assigned a case number of A07051 and it made several allegations against the facility concerning negligence with regards to the birth of the plaintiff infant.
The plaintiff infant was born on March 8, 2006 when at 39 weeks of gestation. At 11 p.m. that night, the mother was diagnosed as being in active labor. She was also diagnosed with a GBS, or a Group B Strep infection and was administered an antibiotic. At that point, with contractions becoming intense, the mother began to push but had difficulty.
There were two doctors and one nurse present in the delivery room, and during the push period one doctor allegedly pushed down on the mother's stomach while the other manipulated the position of the child. The child's head eventually appeared but the body became stuck above the shoulders. The child was born at just after 3 a.m. the next morning.
According to court documents, the mother alleged that when the baby was born it was purple/black in color, gave no cry when it emerged and was generally listless. The child was moved to a nearby warmer and at this point a nurse allegedly stated that the child had suffered a shoulder dystocia injury as a result of the difficult birth.
The mother and child were discharged two days later, but over the next three months to three years the child was diagnosed with dysplasia and Erb's Palsy. The child also suffers from cognitive deficits, and has impairments in visuospatial ability, picture naming, gross motor skills and fine motor skills. The New York medical malpractice lawsuit filed by Fitzgerald & Fitzgerald alleges that these conditions were due to the difficult birth.
The New York medical malpractice lawyers at the firm alleged in court documents that the defendants departed from good and accepted medical practice in failing to deliver a probable macrosomic baby via caesarian section, failing to use appropriate lateral force on the infant plaintiff's head during delivery, and failing to timely diagnose and treat infant plaintiff's congenital hip dysplasia, all of which resulted in severe and permanent injuries to infant plaintiff, including Erb's palsy, developmental delays, cognitive deficits, and delayed treatment of hip dysplasia. Fitzgerald & Fitzgerald ultimately settled with defendants for a total of $1,300,000.00, including payments for pain and suffering, loss of wages, non-medical damages, and future medicals.
About Fitzgerald & Fitzgerald
Fitzgerald & Fitzgerald is a law firm comprised of New York birth injury malpractice attorneys who have been representing clients harmed by negligence, recklessness and intentional conduct since the firm's inception in 1971. The attorneys at the firm handle New York medical malpractice cases, New York prenatal 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.