SOURCE: Fitzgerald & Fitzgerald, PC

New York Medical Malpractice Lawyers

May 03, 2013 18:14 ET

New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald Settle Birth Injury Lawsuit for $1.5M

The New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald, URL, Have Settled a Birth Injury Lawsuit for $1,500,000.00

NEW YORK, NY--(Marketwired - May 03, 2013) -  The New York medical malpractice attorneys at Fitzgerald & Fitzgerald have been representing people who have been harmed because of negligent medical care since they opened their practice in 1971. The firm handles several types of litigation matters including those that relate to birth injury, birth injuries that lead to diagnoses of cerebral palsy and autism and several other types of medical mistakes. The firm hereby announces that it has successfully negotiated a settlement on behalf of an infant client in the amount of $1,500,000.00.

The lawsuit that arose from the developments that prompted this action was filed in the Kings County Supreme Court on behalf of an infant plaintiff who had allegedly been injured due to the negligence of the defendant hospital. The case was assigned a case number of 92408A and it was filed in pursuit of the recovery of damages that were being sought to compensate the family for several different forms of loss that were incurred because of these alleged birth injuries.

According to the court documents, the mother arrived at the defendant hospital at 4:15 a.m. complaining of pains that were occurring every 10 minutes. She was discharged with a notation of "not in labor" only to return later that night at 11:15 p.m. complaining of pains since approximately 8 p.m. The mother at that point was fully dilated and the child was born at 1:12 a.m. the next morning with the assistance of vacuum extraction. 

The court documents went on to state that at approximately 1 hour and 45 minutes before birth, deceleration of the child's heart was noted. Bradycardia was noted 17 minutes prior to the child's delivery and the umbilical cord was wrapped around the child's neck with thrombosis as it passed through the birth canal.

The court documents went on to state that the plaintiff was admitted to the neonatal intensive care unit after birth and the infant was noted to have severe asphyxia and respiratory depression. Later, an EEG showed an unstable focus in the right parietal and temporal regions. A neurological consult referred to hypoxic encephalopathy secondary to the cord around his neck. 

The New York medical malpractice lawyers at Fitzgerald & Fitzgerald argued that as a result of the hospital's negligence, the infant plaintiff suffers from spastic quadriplegia and brain damage. The firm argued that the hospital failed to deliver the child in a timely manner despite late decelerations of the fetal heart rate for 1 hour and 45 minutes before delivery. They claimed that the delay led to hypoxia and a depressed neonate. Rather than fully litigate the matter, the two sides were able to agree upon a settlement in the amount of $1,500,000.00.

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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