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.