Injuries: Emotional Distress
Facts and Claim of Liability:
Plaintiff mother gave birth on March 20, 2010 at Defendant Hospital Lincoln Hospital via vaginal delivery, at which time a nonviable baby was delivered.
Prior to giving birth, plaintiff mother had an uneventful pregnancy. She had no prenatal surgery, significant injuries or other illnesses; nor did she have high blood pressure, protein in her urine, or blood changes. She tested negative for Group B streptococcus (GBS) and urinary tract infection (UTI).
On February 12, 2010, plaintiff was fifteen weeks pregnant when an ultrasound revealed that she had a shortened cervix and mild funneling. Plaintiff was informed that she needed a cerclage, and the procedure was scheduled for February 17. However, when plaintiff presented to defendant hospital on that date, the procedure was not done. Plaintiff again presented to defendant hospital two days later, on February 19, for a scheduled cerclage; however, again, the procedure was not done. Plaintiff was told that hospital staff would continue to monitor her cervical length.
On March 12, plaintiff presented to defendant hospital complaining of suprapubic cramping. A urinalysis revealed a possible urinary tract infection (UTI), and plaintiff was given Macrodantin (an antibiotic used to treat certain urinary tract infections). However, ultimately it was determined that plaintiff did not have a UTI, and shortly thereafter she was discharged from the hospital.
On March 17, plaintiff again returned to defendant hospital for a scheduled cerclage. The next day, on March 18, an emergency cerclage was performed, as plaintiff’s cervix was dilated 3 cm. Plaintiff was discharged from the hospital the following day.
On March 20, plaintiff presented to defendant hospital with preterm premature rupture of membranes, and soon after delivered a nonviable fetus.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant hospital departed from good and accepted medical practice in the care of plaintiff by failing to timely place a cerclage in plaintiff in order to prevent premature labor, which resulted in a stillbirth at 21 weeks. Fitzgerald & Fitzgerald ultimately settled with defendant for a total of $145,000.00.