Attorneys at Fitzgerald & Fitzgerald Settle New York Birth Injury Lawsuit for $3,500,000.00

YONKERS, NY--(Marketwired - Aug 7, 2013) - The law firm of Fitzgerald & Fitzgerald began operating in 1971, and since then the firm has earned more than $1 billion in judgments and settlements on behalf of clients who were injured while obtaining medical care. The attorneys at the firm have handled cases that include birth injuries, allegations of substandard prenatal care and medical negligence that resulted in children ultimately being diagnosed with cerebral palsy, autism or developmental delays. The firm hereby announces that it has settled a New York birth injury lawsuit on behalf of an injured client for $3,500,000.00.

The lawsuit at issue was filed in the Kings County Supreme Court against a local hospital. The case was filed on behalf of an infant plaintiff who was allegedly injured because of the negligence of the hospital and on behalf of the infant plaintiff's mother. The case was assigned a case number of A02094 and it was filed in pursuit of damages that the plaintiff suffered as a result of incurring several permanent injuries including cerebral palsy, mental retardation and global developmental delays. 

According to the court documents, the plaintiff mother reported to the defendant hospital at 27 weeks of gestation complaining of vaginal bleeding. It was noted at the time that she was also passing blood clots. The next day, a complete placenta previa (separating placenta) was confirmed as the reason for the clots and the bleeding. The court documents argued that at this point it should have been noted that the infant plaintiff was suffering from fetal distress.

However, the infant plaintiff was not born until 13 days later despite these warning signs, the court documents alleged. On that morning at about 1:15 a.m. the infant plaintiff was delivered via C-section and was noted to have Apgar scores of 3 at 1 minute and 5 at 5 minutes and his Moro and rooting reflexes were noted to be absent. A head sonogram indicated periventricular leukomalacia, a profound and intractable brain injury. The infant plaintiff was forced to remain in the hospital for approximately two months.

The team of New York medical malpractice lawyers at Fitzgerald & Fitzgerald argued in the court documents that the defendant hospital departed from generally good and accepted medical practice by failing to: (1) timely manage uterine bleeding; (2) timely perform a cesarean section; (3) timely initiate Dexamethasone therapy; (4) prevent intra-cerebral hemorrhage; (5) diagnose and respond to fetal distress and lack of beat to beat variability; and (6) timely and properly administer corticosteroids.

Rather than fully litigate the matter, the two sides were able to come together and successfully negotiate a settlement in the amount of $3,500,000.00. Given the settlement, the attorneys at Fitzgerald & Fitzgerald dismissed the lawsuit and the matter is now considered to be closed by everyone involved.

About Fitzgerald & Fitzgerald

Fitzgerald & Fitzgerald is a law firm comprised of New York medical malpractice lawyers who have been representing clients harmed by the negligence of medical professionals overseeing births since the firm's inception in 1971. The attorneys at the firm handle New York birth injury cases, New York medical malpractice cases, New York cerebral palsy cases, New York personal injury cases, auto accident cases and other types of litigation matters that involve injuries inflicted upon individuals who need legal help.