File No. 06046
Settlement $$1, 054, 347.83
Facts and Claim Liability:
The infant plaintiff, JM was born at The Bronx Lebanon Hospital on May 29, 1999 at 39 weeks gestation via vaginal delivery with the birth weight 4 lbs 8 oz.
Prenatal care of the infant plaintiff’s mother began during early the first trimester at the Bronx Lebanon Hospital’s OB/GYN clinic.
On unscheduled appointment the infant plaintiff’s mother arrived to the hospital complaining about discomfort that felt like contractions. She was sent home after a sonogram was done. At 1 AM on the next day, JM’s mother started experiencing moderate contractions. Around 1:45 AM, she was admitted to the hospital and was sent to labor. At 9:50 AM, the infant plaintiff was born via NSVD (normal spontaneous vaginal delivery). Apgars were unknown but JM was not distressed. JM’s mother did not recall whether there was an immediate cry of the baby at the time of birth.
At the time of birth, the infant plaintiff was small for her gestational age; her estimated age was 36 weeks and she was not in distress. JM was diagnosed with bilateral club feet and Intrauterine growth retardation (IUGR is defined as less than 10 percent of predicted fetal weight for gestational age. IUGR may result in significant fetal morbidity and mortality if not properly diagnosed).
Plaintiff was transferred to Neonatal Intensive Care Unit (NICU) where she received nasal cannula air. After that, infant plaintiff was transferred to neonatal nursery for one week. It was observed that the infant plaintiff tired easily and had a poor suck. However, the infant plaintiff was discharged as a well baby at about 1 week old.
JM was 9 month old when developmental delay was notices. At the age of 18 month old, JM was diagnosed with developmental delay and experienced the first seizure. By the age of 3, JM was diagnosed by a neurologist as having mental retardation. The neurologist also noted that she was secondary to birth asphyxia, and she was diagnosed with mild cerebral palsy, global developmental delay, speech delay, and other delays in cognitive skills. JM has been receiving physical therapy, occupational therapy, and speech therapy and attending a special educational program.
The Fitzgerald Lawyers filed suit in the Bronx County of the Supreme Court of the State of New York, arguing that Defendant hospital and staff departed from good and accepted medical practice in the care of infant plaintiff in failing to properly screen, instruct, and supervise the residents and nurses, failure to provide qualified personnel to care fro plaintiff and plaintiff’s mother when in the hospital. The Fitzgerald Lawyers ultimately settled with defendants for a total of $1,054,347.83.