$4,500,000.00: Failure To Diagnose Intermittent Hypoxia During Labor and Delivery

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 nearly 150 variable decelerations recorded by the external fetal heart rate monitor were evidence of intermittent umbilical cord compression and chronic hypoxia requiring intervention, e.g., a cesarean section.  As to the hospital, the complaint alleged that its labor and delivery nurses failed to reduce or discontinue the administration of Pitocin, improve placental perfusion during labor, and inform the house obstetrician that the attending obstetricians were not responding appropriately.

The baby was born birth depressed, with multi-system organ involvement marked by limited urine output and elevated liver function tests.  He was transported to the NICU where he experienced seizures at 4 hours of age.  Brain imaging revealed a diffuse anoxic brain injury involving the cerebrum.  Subsequently, the child was diagnosed with hypoxic ischemic encephalopathy, spastic quadriplegic cerebral palsy, intractable epilepsy, microcephaly, cortical visual impairment, pituitary dysfunction, developmental delays and reflux. 

After Bottar Leone, PLLC retained 7 experts in the fields of obstetrics, certified nurse midwifery, pediatric neuroradiology, pediatric neurology, developmental pediatrics, vocational rehabilitation, and economics, the case resolved shortly before trial for $4,500,000.00.  As part of the settlement, the child is entitled to lifetime medical care with an estimated value of $23,000,000.00.

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.