Infant Plaintiff was born on July 2, 1994 via Cesarean Section at 27 weeks of gestation.

Infant Plaintiff’s mother had had 5 prior pregnancies that resulted in miscarriages. The 5th miscarriage occurred in the 22nd month of gestation and had to be delivered vaginally.

On the morning of July 27, 1994 the Infant Plaintiff’s mother began experiencing contractions every 20 minutes. She was admitted to Lutheran Medical Center by approximately 8am with contractions every five minutes. On admission she was given Tocolytic to stop labor and a drug to hasten lung development. Infant Plainitff’s mother was then hooked up to an External Fetal Heart Monitor and a sonogram was taken. Her blood pressure later escalated and she was rushed to the ICU in a supine position. She suffered from shortness of breadth and had some vaginal bleeding. At approximately 11.20am the Infant Plaintiff was delivered via C-Section in a transverse position.

On delivery the infant Plaintiff weighed 1lb 15ozs and had Apgar scores of 6 and 8. He was intubated and administered cervanta and antibiotics. At 6.15pm the Infant Plaintiff was transferred to Defendant Hospital Maimonides Medical Center. Since then he was kept in NICU on a ventilator till September 28, 1994. On October 12, 1994, just two weeks after discharge, the Infant Plaintiff turned blue while feeding and had to be resuscitated. He was rushed to Defendant Hospital Maimonides Medical Center, where this reoccurred. Then he was placed in the ICU. The Infant Plaintiff was diagnosed with gastric esophagal reflex, bronchal pulmonary dysplasia, apnea and bradycardia. During his three month hospital stay, the Infant Plaintiff suffered from repeated episodes of Apnea, Bradycardia and Cyanosis. He also suffered 2XRSC Bronchiolitis, Right Lung Arelecrasis and Rotovirus.

Fitzgerald & Fitzgerald successfully claimed that the Defendant Maimonides Medical Center, its agent and employees, departed from generally good and accepted medical practice by: (1) negligent intubation of infant; (2) failure to diagnose gastroencephagal reflux; (3) failure to warn the Infant Plaintiff’s mother about the treatment of gastroencephagal reflux; and (4) negligent care and treatment of neo-natal newborn.