Injuries: Spastic Quadraparesis, Glaucoma, Periventricular Leukomalcia, Asthma, Wheelchair-Bound
Facts and Claim of Liability:
Infant plaintiff was born on September 4, 1999 at Defendant Hospital St. Luke’s Hospital at 32 weeks gestation via caesarian section due to placental previa.
Infant plaintiff was born at approximately 9:29 p.m. on September 4. His Apgar scores were 8 and 8 at 1 and 5 minutes, respectively. Almost immediately after birth, he began experiencing breathing difficulties, and was transferred to the Neonatal Intensive Care Unit (NICU). Hospital staff put him on Continuous Positive Airway Pressure (CPAP). About an hour and a half after birth, infant plaintiff began to grunt and exhibit chest retractions, and hospital staff administered Survanta. Hospital staff then administered a blood gas test, which had a poor result. However, infant plaintiff was not intubated until some time later, at 12:05 a.m. Infant plaintiff was ultimately transferred to Roosevelt Hospital at 7:00 a.m.
Ultimately, infant plaintiff was diagnosed with spastic quadraparesis, glaucoma, periventricular leukomalcia and asthma. He is wheelchair-bound, and has been hospitalized for numerous orthopedic surgeries. His weakness in his upper extremities severely limit his ability to perform many of the normal activities of daily living, including dressing, grooming, and brushing his teeth. He is totally dependent on others for using the bathroom and bathing.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant hospital departed from good and accepted medical practice in the care of infant plaintiff in failing to timely administer surfactant and bicarbonate and failing to timely intubate infant plaintiff, both of which ultimately resulted in infant plaintiff sustaining severe and permanent injuries. Ultimately Fitzgerald & Fitzgerald settled with defendant for a total of $2,600,000.00.