$6,050,000.00 – Epilepsy, Cerebral Palsy, Cognitive Deficits

F&F# A03072

Settlement: $6,050,000

Injuries: Epilepsy, Cerebral Palsy, Cognitive Deficits

Facts and Claim of Liability:

Infant plaintiff was born on August 25, 2000. When infant plaintiff was only a couple of weeks old, plaintiff mother took her to the pediatric clinic at St. John’s Riverside Hospital. Plaintiff mother was worried because infant plaintiff had been very fussy lately and had been crying a lot. Infant plaintiff had also had diarrhea, and had been vomiting after every feeding. Infant plaintiff was examined, and plaintiff mother was told that the baby was extremely dehydrated. She was rushed via ambulance to Defendant Hospital St. Joseph’s Medical Center.

Once infant plaintiff arrived at defendant hospital, hospital staff hooked her up to an IV and began running tests. However, six hours later, infant plaintiff slipped into a coma. Hospital staff told plaintiff mother that infant plaintiff needed to be transferred to Westchester Medical Center immediately. Shortly thereafter, infant plaintiff was transferred via ambulance to Westchester Medical Center.

Plaintiff mother was ultimately told that infant plaintiff had a kidney infection. She was also told that infant plaintiff had a seizure disorder. Ultimately, infant plaintiff remained in the hospital for about a month.

Currently, infant plaintiff suffers from epilepsy and cerebral palsy. She takes medication for her seizures. She receives physical, occupational, and speech therapy in school. She suffers cognitive restrictions to a very significant degree, resulting in bowel and bladder incontinence, behavioral dysfunction, and complete dependence on others for various activities of daily living. She gets easily frustrated when she cannot express herself. She does not use her left arm as often as she uses her right arm. She “toe runs,” which causes her to trip. Her neurological injuries and disabilities are permanent and will continue. She will never be able to live independently and will require lifelong supervision either at home or in a residential setting.

Fitzgerald & Fitzgerald filed suit in New York County Supreme Court, arguing that defendant hospital staff and defendant hospital departed from good and accepted medical practice in the care of infant plaintiff in failing to properly diagnose, monitor and treat infant plaintiff’s kidney infection. This neglect resulted in infant plaintiff developing full-blown septic shock, which in turn resulted in infant plaintiff sustaining severe and permanent injuries. Ultimately, Fitzgerald & Fitzgerald settled with defendants for a total of $6,050,000.00.