Childbirth injuries can be caused by innumerable factors, but the most common reason for a childbirth injury is pre-term birth. Sometimes the patient shows warning signs or symptoms that she might be experiencing pre-term birth. The patient’s doctors have the responsibility to recognize those symptoms and act accordingly, or as formulated under New York law, perform medical services in accordance with the applicable standard of care. The plaintiff in a New York birth injury lawsuit claimed that her physicians did not heed the early warning signs, and as a result, her child was born deaf and with vocal cord damage. The jury agreed, awarding her $26 million in damages after a month-long trial.
The plaintiff conceived twin girls via in vitro fertilization. However, the plaintiff began showing signs of preterm labor only five months into her pregnancy. The plaintiff visited the Brooklyn medical center, where she was being treated, and complained of painful cramping and brownish fluid releases, which suggested signs of internal bleeding. During her two visits, the plaintiff was seen by a resident rather than an attending doctor. Both times, she was discharged. The plaintiff’s experts argued that the doctors could have prevented what happened next if they would have ordered bed rest or prescribed to her hormones that can suppress premature labor. The plaintiff had a sonogram one week later and learned that her cervix had shortened from three centimeters to one centimeter.
The plaintiff delivered twins later in the month while they were premature. One of the twin sisters died a month after childbirth. The other twin suffered hearing loss and vocal paralysis, allegedly as a result of the medical center’s negligence.
The plaintiff filed a medical malpractice action and a wrongful death lawsuit against the Brooklyn medical center. The case went to trial in Brooklyn Supreme Court, and the jury returned a verdict for the plaintiff in the amount of $26 million. The plaintiff argued that the injuries to her daughter and the death of her twin sister could have been avoided if the doctors had appropriately monitored the changes in her cervix. The awards were subject to a high-low agreement between the parties, and thus the defendant cannot appeal.
Many attorneys offer to provide legal representation for families who have suffered from birth injuries in Rochester, New York. It’s a difficult decision with many choices, but the lawyers at DeFrancisco & Falgiatano have decades of experience representing individuals and families in Rochester and through Upstate New York in birth injury claims. Contact us at (315) 479-9000 if you would like to discuss your case or contact us via our online form. We hope to use our experience to help in any way we can.
More Blog Posts:
New York Court Allows Prenatal Care Case to Proceed, Rochester Medical Malpractice and Personal Injury Blog, September 19, 2017
Hospital Residents as Named Defendants in New York Medical Malpractice Claims, Rochester Medical Malpractice and Personal Injury Blog, October 5, 2017
Infant Foot Surgery Lawsuit Revived by New York Appeals Court, Rochester Medical Malpractice and Personal Injury Blog, September 25, 2017