$6,409,089.09 – Developmental Delays, Cataracts on both eyes, Sickle cell, Cyst on the Brain.

File No. 10200

Settlement $6,409,089.09

Facts and Liability:

The infant plaintiff, AM was born at Flushing Hospital on June 17, 2010 at 33 weeks gestation via C-Section with the birth weight of 2 lbs 11 oz.

AM’s mother obtained prenatal care from 2 private OB/GYNs during her pregnancy. The first doctor started monitoring her at 10 weeks gestation and until May, 2010.. She always complained to the doctor about high blood pressure but he did not prescribe medication or referred her to a specialist. In May, 2010 infant plaintiff’s mother switched to the second doctor who told her that she needed to be on a complete bed rest and low salt diet for 2 weeks because she was retaining too much fluid. After 2 weeks, AM’s mother lost 19 lbs but her blood pressure was still a little higher

At 6 AM on June 17, 2010, AM’s mother woke up because she was leaking clear fluid but did not have any pain or contraction.

At 10 AM on the same day, she contacted to the second doctor who told her to promptly go to the emergency room. An hour later, she arrived to the Labor & Delivery department of the defendant hospital where she was waiting to be seen for some time. Around 12.30 PM on the same day, infant plaintiff’s mother was taken to a room where she was examined and had a sonogram done which showed that she had no water left inside the womb. She immediately was admitted for an emergency C-Section. It was observed that she had high blood pressure.

At 2:15 PM, AM was born via emergency C-Section weighting only 2 lbs 11 oz. She was pink and had a good cry. She was taken to the NICU (Neonatal Intensive Care Unit) where she was placed in an incubator and attached to a feeding tube as a prevention due to her premature birth and low weight. When AM was 5 days old she had ventricular bleeding but no sonogram was done to monitor it. At the age 2 weeks, AM had the breathing tube removed but continued to stay in the NICU under close observation. On July 22, 2010 AM was finally released from the hospital; she was prescribed iron and referred to pediatrician, neurologist, cardiologist, ophthalmologist, and hematologist

In August 2010, infant plaintiff saw the above mentioned specialists. A neurologist could not tell whether AM will have any neurological conditions in the future. She was referred for an MRI to be done after she turned 6 months old. A neonatologist stated that AM had a cyst on the right side of the brain that developed due to the ventricular bleeding as a result of her premature birth. An ophthalmologist detected that infant plaintiff’s had undeveloped retina. cataracts on both eyes.

In October 2010, ophthalmologist stated that AM had cataracts on both eyes and might need a surgery.

In November, 2010 infant plaintiff was evaluated by the early intervention specialist who upon the review of the medical records discovered that AM was tested positive for encephalomalacia which was never mentioned by the pediatrician. The neurologist told AM’s mother that her baby’s left side of the body will take over the function of her right side. And because AM was still young it was not clear how she will develop as she gets older. Furthermore, the neurologist said that AM had torticuli on the right side of the body and referred he to physical therapy. Infant plaintiff’s was seen by a hematologist who diagnosed her having sickle cell.

The Fitzgerald Lawyers filed suit in the Queens County Supreme Court, arguing that Defendant hospital and staff department from good and accepted medical practice in the care of infant plaintiff in failing to appropriately to order preparation for Cesarean section and failure to provide care to prevent prematurity and prolong gestation. The Fitzgerald Lawyers ultimately settled with defendants for a total amount of $6,409,089.09