SOURCE: Fitzgerald & Fitzgerald, PC

New York Medical Malpractice Lawyers

March 28, 2013 19:26 ET

New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald Settle Birth Injury Lawsuit for $3.75M

The New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald, URL of, Have Settled a Birth Injury Lawsuit for $3.75 Million

NEW YORK, NY--(Marketwire - March 28, 2013) -  The New York medical malpractice lawyers at Fitzgerald & Fitzgerald have been representing clients who have been harmed as a result of negligence and recklessness on the part of medical professionals since the firm began operating in 1971. The attorneys at the firm handle litigation matters that arise from birth injuries, cerebral palsy birth injuries, negligent prenatal care and several other forms of medical negligence. The attorneys at Fitzgerald & Fitzgerald hereby announce that they have successfully negotiated a settlement in the amount of $3,750,000.00 for birth injuries suffered by a client as a result of alleged negligence by the defendant.

Specifically, the lawsuit that led to this settlement was filed in the Chautauqua County Supreme Court and it was assigned a case number of A04063. The claim was filed after an infant was born and was ultimately diagnosed with several severe health problems and conditions including cerebral palsy, cognitive deficits, motor deficits, spastic diplegia, global delays, bilateral hearing loss and the loss of the ability to speak. The attorneys for Fitzgerald & Fitzgerald alleged that these conditions were due to the negligence of the hospital that was named as the defendant in the case.

The court documents laid out the alleged facts that related to this matter. They stated that the mother of the infant plaintiff had delivered several babies via vaginal birth in the past without incident, but that she reported to the defendant hospital at 34 weeks of gestation after experiencing severe labor pains and some vaginal bleeding. She arrived at the defendant hospital at noon and reported directly to the emergency room.

The mother was placed in a delivery room and was attached to a fetal heart monitor. At 2 p.m., the mother was recorded as being between 4 and 5 centimeters dilated. The court documents indicated that at that time, the mother was given Pitocin to prompt labor. By 5 p.m., while the mother was still being given Pitocin, the fetal heart monitor strips showed a low beat-to-beat variability (BTBV) and multiple variable decelerations which were in fact indications of cord compromise. 

The court documents indicated and the attorneys at Fitzgerald & Fitzgerald argued that at this point, the child should have been delivered by way of a C-section birth. However, the child was delivered vaginally and there was allegedly no pediatrician in the room at the time of the birth at 5:30 p.m. As a result, no proper resuscitation was ordered. The infant remained hospitalized for a period of three months and was ultimately diagnosed with the conditions detailed above.

The New York medical malpractice lawyers at Fitzgerald & Fitzgerald argued that the defendant failed to: (1) prevent premature labor; (2) respond to the signs of cord compression and/or ischemia and perform a timely Cesarean section; (3) react to fetal distress, minimal variability and worsening decelerations; (4) provide immediate and adequate pediatric treatment at the time of birth; (5) properly and timely resuscitate the infant Plaintiff; (6) timely diagnose acidosis; and (7) administer Bicarbonate, which resulted in severe and permanent injuries to the infant Plaintiff. Rather than litigate the matter, the two sides were able to negotiate a settlement in the amount of $3,750,000.00. 

About Fitzgerald & Fitzgerald
Fitzgerald & Fitzgerald is a law firm comprised of New York medical malpractice 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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