SOURCE: Fitzgerald & Fitzgerald

Fitzgerald & Fitzgerald

August 01, 2012 03:00 ET

New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald Settle New York Birth Injury Lawsuit for $250,000.00 on Behalf of Injured Child

The New York Birth Injury Attorneys at the Law Firm of Fitzgerald & Fitzgerald, a Law Firm Dedicated to Providing Legal Representation to Families Whose Children Were Injured During the Delivery Process, and Who Has a Web Site URL of, Hereby Reports That the Firm Has Settled a New York Birth Injury Lawsuit on Behalf of a Client for $250,000.00

NEW YORK, NY--(Marketwire - August 01, 2012) -  The New York medical malpractice lawyers at Fitzgerald & Fitzgerald, a law firm that represents clients who have been injured during the delivery process, hereby alerts the public that the firm has settled a New York birth injury lawsuit on behalf of an injured child for an agreed-upon amount of $250,000.00. 

The case, which was known as Santos v. Bronx-Lebanon Hospital Center, was filed in the Bronx County Supreme Court and it was assigned a case number of A04176. The case was filed because of the injuries that were allegedly inflicted on the firm's client that included shoulder dysplasia, Erb's Palsy and cognitive delays. 

The case arose when the client was born on October 6, 2004. At that time, she weighed 9 pounds and 4 ounces. Prior to that date, doctors at the hospital had allegedly told the mother that she should expect her child to weigh in excess of 7 pounds. On the date of the birth, the mother allegedly asked the medical professionals to perform a Caesarean birth because of the baby's size. The doctors allegedly told her that they would perform a vaginal birth.

The court documents further allege that the baby became stuck in the birth canal during birth and that the child's head allegedly never fully emerged from the birth canal. The child was cut free and transported to NICU, and the mother stated that the baby was blue and floppy. Later that day, doctors allegedly told the mother that the baby had contracted Erb's Palsy that was based on the bruising and injuries sustained on the upper portion of the right side of her body. The court documents further stated that the baby at issue had continued to need therapy for help with weakness on the right side of her body and that she had allegedly been diagnosed with developmental delays. 

In court documents, the New York birth injury lawyers at Fitzgerald & Fitzgerald argued that defendant staff and defendant hospital allegedly departed from good and accepted medical practice in the care of infant plaintiff in failing to properly estimate infant plaintiff's gestational weight, failing to recognize prenatally that plaintiff mother's pelvis would be inadequate to allow safe delivery of infant plaintiff's shoulders, failing to heed and avoid fetal distress and respiratory distress, failing to perform maneuvers in a safe, prompt, and timely manner, and failing to timely and properly perform an episiotomy, and that these failures resulted in permanent injuries to infant plaintiff, including shoulder dysplasia, Erb's palsy, and cognitive delays. The case was settled for an amount of $250,000.00.

About Fitzgerald & Fitzgerald
Fitzgerald & Fitzgerald is a law firm comprised of New York birth injury lawyers 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. 

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