$785,400 Settlement in Birth Injury Lawsuit for Failure to Order Timely Emergency Cesarean Section

Ms. Doe, who had a history of preeclampsia, was admitted to New York-Presbyterian Hospital to deliver her baby. She was administered Pitocin but was discontinued on order by one obstetrician before another doctor restarted it.

Despite all of this, Ms. Doe’s labor failed to progress, and the fetal monitor showed persistent variable decelerations.

Ms. Doe’s baby, a son, was subsequently born in a depressed condition, with Apgar scores of 0 at one minute and 1 at five minutes.

In addition, the baby’s umbilical cord was wrapped tightly around his neck at birth. Now 5 years old, the baby has been diagnosed as having suffered hypoxic-ischemic brain injury at birth.

Ms. Doe sued the hospital alleging that it chose not to diagnose the umbilical cord compression, order an immediate emergency cesarean section when it should have as the fetal monitor indicated distress, and timely discontinue the Pitocin.

Before a jury trial, the parties settled for more than $785,400.

Ms. Doe’s attorney, James P. Fitzgerald, presented an expert in neuroradiology while the defendant presented experts in obstetrics, neonatology and neuroradiology.

Doe v. N.Y.–Presbyterian Hospital, No. 0706460/2016 (N.Y. Sup. Ct. Queens County).

Kreisman Law Offices has been handling birth injury lawsuits, traumatic brain injuries, labor and delivery negligence lawsuits and hypoxic-ischemic encephalopathy injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Lombard, Glendale Heights, Naperville, Orland Park, Country Club Hills, Tinley Park, Mokena, New Lenox, Lemont, Lansing, Calumet City, Blue Island, South Holland, Elk Grove Village, South Barrington, Glenview, Wood Dale, Itasca, Addison, Carol Stream, Chicago (Edgewater, Irving Park, Ravenswood, Andersonville, Rogers Park, Wildwood, Sauganash, Edison Park, Portage Park, Beverly, Bucktown, Wicker Park, Ukrainian Village, Humboldt Park, Fulton River District, Little Village, Brighton Park, Archer Heights), Stickney, Riverside, Summit, Maywood, Hillside, Villa Park and Rolling Meadows, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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