$3,318,181.82 – Developmental Delays in Language and Motor Skills. Neonatal Encephalopathy with Seizures, Low Muscle Tone with Fine and Gross Motor Incoordination. Qualitative Disturbance of Social Interaction.

File No. 11029

Settlement: $3,318,181.82

Facts and Claim Liability:

The infant plaintiff, AK was born on March 10, 2008 at Lenox Hill Hospital at 38 weeks gestation with birth weight of 5 lbs 9 oz.

Plaintiff’s mother had a preexisting medical condition such as ITP (Idiopathic thrombocytopenic purpura) that caused low platelets at the time of delivery.

During pregnancy, infant plaintiff’s mother developed gestational diabetes at approximately 6 months gestation. The Defendant Hospital’s physicians suggested to AK’s mother to have induction as platelets were low and they wanted to minimize bleeding risk.

On March 9, 2008 at 9 PM, plaintiff mother was admitted to the hospital for a planned induction with the indication of low platelets. At 11 PM Pitocin was started and FHM (fetal heart monitor) was externally applied. Overall, the labor process went smoothly; however, FHM strips appeared to show a loss of contact.

Within the first 12 hours of his life, AK had a seizure and low APGARS of 3, 6, 8 and 1, 5, and 10 minutes. At the time of birth his cry was delayed. Infant Plaintiff’s weight was described as appropriate for gestation age; however, he looked small: about 2500 gms under 40 weeks. According to the pediatric neurologist evaluation, AK was depressed at birth and he required newborn intensive care unit management. He had an abnormal neurological examination which did not show any remarkable changes in AK’s brain. At the age of 3, AK had an MRI that revealed injury to the central nervous system of the hypoxic ischemic type.

Based on the doctor’s opinion, the brain injury that Infant plaintiff had is the cause of his neurological, neurodevelopmental and behavioral difficulties. These brain injuries occurred while AK’s mother was in labor.

Currently, AK experiences developmental delays in the language and motor areas.   He has a low muscle tone with fine and gross motor, qualitative disturbance of social interaction and play.

The Fitzgerald Lawyers filed suit in New York County Supreme Court, arguing that Defendant hospital and staff departed from good and accepted medical practice in the care of infant plaintiff in failing to appropriately respond and treat infant plaintiff during his hospitalization on March 10, 2008 and failing to properly and timely provide medical care to Infant Plaintiff’s mother who had serious medical conditions during the labor and delivery periods.  The Fitzgerald Lawyers ultimately settled with defendants for a total of $3,318,181.82.