$4,000,000.00: Failure To Timely Respond To Terminal Bradycardia During Labor

This New York birth injury lawsuit was filed by a mother and father against an a number of Syracuse obstetricians and the labor and delivery hospital.  As to the obstetricians, the complaint alleged obstetrical malpractice, including a failure to realize that, in the three hours before birth, the fetus was in distress due to prolonged umbilical cord compression marked by diminishing variability, a slow return to baseline and, eventually profound bradycardia.

The baby was born birth depressed, with APGARS of 1 at 1 minute and 2 at 5 minutes, with multi-system organ involvement.  She was intubated and transported to the NICU where she experienced seizures her first day of life.  A day one EEG revealed bilateral cerebral dysfunction, and a day 14 CT scan revealed asymmetric attenuation of the right posterior frontal periatrial region consistent with hypoxia or asphyxia.  Placental pathology revealed prominent blood engorged vessels radiating from the umbilical insertion site to the periphery of the placental disc, consistent with umbilical cord compression in the hours before birth.  Subsequently, the child was diagnosed with hypoxic ischemic encephalopathy, spastic quadriplegic cerebral palsy, motor and language delays, and cognitive impairments. 

After Bottar Leone, PLLC retained 6 experts in the fields of obstetrics, pediatric neuroradiology, placental pathology, developmental pediatrics, vocational rehabilitation, and economics, the case resolved shortly before trial for $4,000,000.00.  As part of the settlement, the child is entitled to lifetime medical care with an estimated value of $65,000,000.00.

Under New York State law, patients and their families have a limited amount of time to pursue legal remedies for losses caused by medical malpractice.  If you wish to speak with Bottar Leone, PLLC, our legal team can be reached by telephone, email, or by completing an online contact form.