On March 9, 1999, the Infant Plaintiff, a 9 days old female, was taken to the Emergency Room at New York- Presbyterian Hospital for severe jaundice and hyperbilirubinemia. 

Infant Plaintiff was admitted upon examination.  Subsequently, I.V. with Calcium Chloride was ordered by the attending doctor and placed in the back of the infant Plaintiff’s left hand.  Her left arm was then wrapped from her elbow, down through the fingers with a stretch bandage and no portion of her left arm or hand could be seen.  This wrapping was not removed or disturbed for the following several hours.  According to a later investigation, it was identified that the infant Plaintiff was administered an overdose of calcium chloride.

On March 10, 1999, the second day of admission, significant infiltration and discoloration were noted on the infant Plaintiff’s left arm.  Infant plaintiff was then transferred to the ICU.  Despite the treatments performed in ICU, there was no improvement of the infant Plaintiff’s left arm.  Her left arm was kept under observation for progress from March 11, 1999 and was eventually amputated on June 9, 1999.

Fitzgerald & Fitzgerald argued that New York-Presbyterian Hospital, its agent and employees, departed from generally good and accepted medical practice by (i) failing to follow the rules, procedures or protocols that were established regarding the treatment of jaundice and hyperbilirubinemia; (ii) negligently administering a contra-indicated medication, specifically Calcium Chloride in the wrong dosage/units; (iii) bandaging the left arm of the infant Plaintiff; and (iv) inserting the intravenous improperly, causing an infiltration, which resulted in severe, grievous and permanent injuries to the infant Plaintiff.