F&F# A05034
Medical Malpractice, Perientricular Leukomalacia, Grade III Intraventricular Hemorrhage, Cognitive Deficits, Involuntary Facial Twitching, Left Spastic Hemiparesis
Settlement: $4,500,000
Injuries: Perientricular Leukomalacia, Grade III Intraventricular Hemorrhage, Cognitive Deficits, Involuntary Facial Twitching, Left Spastic Hemiparesis
Facts and Claim of Liability:
Infant plaintiff was born on May 8, 1999 at Defendant Hospital Lincoln Hospital at 30 weeks gestation via vaginal delivery. He weighed 3 lbs 6 oz at birth.
Prior to giving birth, plaintiff mother did not have any blood changes; nor did she have Group B streptococcus (GBS) or urinary tract infections (UTIs). She did, however, develop high blood pressure and excess protein in her urine, and was diagnosed as preeclamptic.
On the day before delivery, plaintiff mother presented to defendant hospital’s emergency room complaining of a headache, vomiting, fatigue and swollen hands and feet. She was put into a room and examined, and then hooked up to an IV containing magnesium sulfate. Hospital staff continued to monitor her blood pressure, which was high.
Later that afternoon, plaintiff mother was informed that her blood pressure was still too high, and that an emergency caesarian section would need to be scheduled. Plaintiff mother agreed, and was given Pitocin for induction of labor. However, there were a number of caesarian sections scheduled ahead of her, so plaintiff mother was put into another room, where she was told to wait. Plaintiff mother recalls waiting for some time, and not experiencing any contractions. Eventually, she began to experience pressure in her lower abdomen, and felt like she needed to use the restroom. She told a nurse who came in to check on her that she needed to use the restroom, but the nurse told her to wait where she was, and that she would go and fetch a bed pan.
Fifteen minutes later, plaintiff delivered infant plaintiff in the bed she had been lying on. Eventually, hospital staff rushed in to attend to infant plaintiff. His Apgar scores were 2, 6, and 7 at 2 minutes, 3 minutes and 5 minutes, respectively. He was bagged and intubated, and then taken to the Neonatal Intensive Care Unit.
A couple days later, on May 10, a head ultrasound revealed perientricular leukomalacia (PVL), but no intraventricular hemorrhage. However, on May 13, another head ultrasound indicated PVL and a grade III intraventricular hemorrhage. Ultimately, infant plaintiff remained in the hospital for a number of weeks, and then subsequently was transferred to St. Mary’s, where he was placed on a feeding tube. He remained there for two years.
Infant plaintiff’s feeding tube remained in place until he was three years old. Currently, at eleven years old, he still receives speech and occupational therapy. He still experiences difficulty dressing, and has to hold on to something or someone when he is doing so. He cannot tie his shoes or buckle his belt. He has involuntary facial twitching and a left spastic hemiparesis.
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 properly monitor plaintiff mother after inducing labor and leaving her unattended, and in failing to timely intubate infant plaintiff after infant plaintiff was born. Ultimately, Fitzgerald & Fitzgerald settled with defendant hospital for a total of $4,500,000.00.