SOURCE: Fitzgerald & Fitzgerald, PC

New York Medical Malpractice Lawyers

January 10, 2013 15:44 ET

New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald Win $94.8 Million Verdict

The New York Medical Malpractice Lawyers at the Law Firm of Fitzgerald & Fitzgerald Handle Legal Matters Regarding Birth Injury as a Result of the Negligence of the Medical Professionals; the Firm Hereby Announces That It Has Won a Verdict in the Amount of $94.8 Million on Behalf of an Infant Client Who Was Permanently Injured Prior to Being Born

NEW YORK, NY--(Marketwire - January 10, 2013) -  The New York medical malpractice lawyers at Fitzgerald & Fitzgerald have been representing infants and their families in legal matters that involved birth injury situations for more than 40 years. The firm has handled cases that involved negligence on the part of the medical professionals who were supposed to oversee these births, and it has recently completed a New York birth injury lawsuit on behalf of a client who was permanently injured before even being born. The firm won a verdict from a jury in the amount of $94.8 million.

Specifically, this New York medical malpractice lawsuit was filed against the defendant hospital in the Queens County Supreme Court and it was assigned a case number of 94134A. The lawsuit alleged that the defendant hospital failed to delay a premature birth and that it failed to administer medication that would have enhanced fetal lung development. After the trial verdict was issued, the amount of damages was reduced to a total of $7 million.

According to court documents, this lawsuit was filed because the plaintiff child's mother reported to the defendant hospital with contractions at 27 weeks of pregnancy. She was treated with several different medications and she was subsequently discharged with an oral antibiotic. Three days later, the mother returned to the hospital complaining of pain and experiencing contractions.

Later that night, the mother's membranes ruptured, she was given medication and she ultimately delivered the child the next morning. The court documents indicated that an expert testified at trial on behalf of the plaintiff child that the mother should have been kept in the hospital when she originally reported considering she was only at 27 weeks of pregnancy and that the infant should have been given medication to help develop the respiratory system. 

The court documents went on to state that the child, who was eight years old at the time of trial, suffered from cerebral palsy as a result of periventricular leukomalacia secondary to neonatal respiratory distress syndrome attributed to his immature lungs. The original jury award of damages included $3,000,000 for past pain and suffering; $28,333,333 for future pain and suffering; $9,112,000 for future medical expenses; $44,000,000 for future custodial care; $4,288,000 for future rehabilitation services; $6,078,907 for future impairment of earning ability.

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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