D.W. was born at 25 weeks gestation at Jamaica Hospital Medical Center. The baby was diagnosed as having suffered hypoxic-ischemic brain damage resulting in spastic quadriplegia.

D.W. is now in the 6th grade. He attends special education classes and will never be able to live independently as a result of his brain injury.

A lawsuit was filed against the hospital and two doctors who provided care during D.W.’s delivery, alleging that they chose not to timely deliver D.W. by way of a cesarean section; the suit also alleged lack of informed consent and negligent post-delivery care. This included a failure to offer cranium cooling.
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A federal district court judge has ruled that the two-year statute of limitations for Dominique Woodson’s medical malpractice claim against the United States under the Federal Tort Claims Act (FTCA) started running on Dec. 7, 2013. Her son, P.W., was born with a left arm that “sagged down to his side.”

According to Woodson, the allegedly negligent doctor, Keith Ramsey M.D., told P.W. “may get better” and that he “may grow into it.”

On appeal to the 7th U.S. Circuit Court of Appeals from an order that granted the government’s request for summary judgment, Woodson argued the discovery date was May 30, 2014, when she hired an attorney. If so, her FTCA notice of claim, dated Feb. 19, 2016, was on time. However, the 7th Circuit affirmed the dismissal with a dissent.
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At the end of her pregnancy, Ms. Doe experienced bleeding and pain. She went to the triage unit of Grove Hospital where she was seen by a midwife and first-year resident.

Ms. Doe was attached to a fetal monitor system, which showed decreased variability and some deceleration.

Although allegedly called, Ms. Doe’s treating obstetrician did not initially come to the hospital. An hour later, a nurse summoned the physician who arrived at the hospital more than two hours after Ms. Doe first presented to the hospital.
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In a Federal Tort Claims Act lawsuit alleging that the plaintiff’s child sustained permanent injuries to the arm during birth, the district court judge found that the lawsuit was filed after the applicable two-year limitations.

The records show that (1) the doctor told the plaintiff mother that the delivery plan called for her to receive a c-section, but on the day of delivery, a physician delivered the child vaginally; (2) according to the plaintiff, delivery was traumatic in that the child “got stuck” on the way out, and that once the child was born, it appeared that the baby could not move his left arm; (3) shortly after the baby’s birth, the mother raised concerns about the child’s left arm but eventually retained counsel who did not file the instant lawsuit until three years after the date of his birth.

Under the discovery rule, a lawsuit accrued shortly after the child’s birth, since it was at that time that the mother of the child discovered the cause of the baby’s injuries.
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In 2017, after Doe’s birth at King’s County Hospital Center, the baby was admitted to the facility’s NICU for glucose monitoring.

Doe had an IV placed in her left foot and suffered an infiltration that resulted in blistering, swelling, necrosis and permanent scarring. Doe’s father, on her behalf, sued the New York Health and Hospital Corp., alleging that the hospital was negligent for choosing not to properly monitor the IV.

Before trial, the parties settled for $225,000.
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At three different obstetrics appointments during the 37th and 38th week of pregnancy, Ms. Doe’s blood pressure readings showed hypertension. When she returned for another appointment toward the end of her 38th week, she had severe hypertension and decreased fetal movement.

Ms. Doe was sent to a hospital where the fetal heart monitor showed the fetal heart rate of 140 beats per minute, minimal to absent variability, and late decelerations.

The attending obstetrician ordered diagnostic testing and then attended to another patient. By the time Ms. Doe underwent a Cesarean section about two hours later, the fetal heart rate had dropped to zero.
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Ms. Doe, 34, was admitted to a hospital experiencing signs and symptoms of placental abruption and preeclampsia. Although the fetal heart monitor allegedly revealed signs of fetal distress, no action was taken promptly to deliver her baby. Unfortunately, the baby died later in Ms. Doe’s womb. That night, Ms. Doe experienced hypertension and later developed HELLP Syndrome.

HELLP Syndrome is a serious complication of high blood pressure during pregnancy. The acronym HELLP stands for hemolysis, elevated liver enzymes and low platelet count. HELLP Syndrome usually develops before the 37th week of pregnancy but can occur shortly after delivery. Many women are diagnosed with preeclampsia beforehand. Symptoms include nausea, headache, belly pain and swelling.

In the case of Ms. Doe, the baby was subsequently delivered and the mother suffered a stroke. Ms. Doe now experiences balance, cognitive and physical issues and cannot return to her job where she earned approximately $32,000 per year.
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Clara Roman was born prematurely. Several months after her delivery, she was admitted to Jersey Shore University Medical Center to undergo repair of an inguinal hernia.

A week after the surgery, Clara’s parents returned her to the hospital for treatment of a recurrent bulge. The anesthesiologist, Dr. William Rahal, intubated Clara in preparation for emergency surgery. That surgery was later canceled.

While still under the anesthesiologist’s care, Clara suffered oxygen deprivation, which resulted in a severe brain injury.
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During delivery at a hospital, newborn Destiny Coleman suffered a brachial plexus injury.

The baby’s mother, individually and as her guardian, filed a lawsuit against the estate of Dr. Robert Lipari, the obstetrician who delivered her. He is now deceased. The lawsuit alleged obstetrics medical negligence.

The defense argued that the baby’s injuries resulted from maternal forces of labor, contractions, and maternal pushing, not mishandling the labor and delivery. The plaintiff maintained that that was the cause of the brachial plexus injury and was a result of the doctor’s negligence.
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Julien Florez was born on March 22, 2009. His mother, Aimee Florez, was admitted to Evanston Hospital just after noon that day, five days after her due date. All tests and ultrasounds registered normal. After a procedure to break her water, Julien experienced a prolonged deceleration in fetal heart rate after his mother was given an epidural. Pitocin was administered by a second doctor to accelerate labor, and when Julien’s heart rate decelerated, a C-section was ordered.

Julien was delivered by C-section with an Apgar score of 1 out of 10, blue, and with an abnormally low heart rate requiring intervention due to lack of blood to the brain. Body cooling was initiated to slow or prevent additional brain damage. Within five hours of birth, Julien showed signs of seizures.

Julien, represented by his parents, Aimee and David Florez, filed a lawsuit. Julien suffered from cerebral palsy. At age 9, he exhibited global delays, significant speech and language deficit, requiring assistance eating, dressing and with hygiene as well as 24-hour supervision.
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