In a recent medical malpractice case filed in New York, a mother is seeking damages, claiming that the mismanagement of her labor led to a severe birth injury for her son, who sustained significant neurological damage after being deprived of oxygen.
This case was filed in the United States District Court for the Northern District of New York in late January. According to the plaintiff’s mother, her 9-year-old son suffered a hypoxic brain injury due to multiple errors during his delivery. The lawsuit names several defendants, including Samaritan Medical Center (for hospital negligence), a certified nurse midwife, and an obstetrician.
The case began on January 29, 2007, when the plaintiff’s mother first arrived at the New York hospital. Her pregnancy had extended past term, specifically, 41 weeks and one day. According to the American Congress of Obstetricians and Gynecologists, pregnancies can be categorized as follows:
- Early term: from 37 weeks of gestation to 38 weeks and 6 days of gestation
- Full term: from 39 weeks of gestation to 40 weeks and 6 days of gestation
- Late term: from 41 weeks of gestation to 41 weeks and 6 days of gestation
- Post term: 42 weeks of gestation and beyond
After the mother’s arrival at the hospital, the certified nurse midwife admitted her to induce labor. The hospital documented multiple concerns with her cervix and her uterus, and further signs indicated that the baby might be experiencing fetal distress and at risk for infection. According to court documents, the certified nurse midwife was handling the labor instead of the obstetrician. The obstetrician was not called until the labor was in late stages and under the conditions of extreme intrauterine pressure. The obstetrician delivered the baby with the use of a vacuum and at the time of delivery, the umbilical cord was wrapped around the baby’s neck.
After the delivery, the baby experienced several seizures and a subsequent CT scan revealed that he had sustained damage to his frontal lobe. He was ultimately diagnosed with hypoxic-ischemic encephalopathy (HIE), also known as intrapartum asphyxia, a form of brain damage that results from oxygen deprivation to the brain. Lack of oxygen is a common cause of birth injuries such as hypoxic-ischemic encephalopathy (HIE) and Cerebral Palsy, and may result in long-term complications including epilepsy, neurological impairments, motor function difficulties, and developmental delays. Sadly, it often takes years for parents to identify and determine the extent of these impairments.
In this case, the plaintiff’s mother is seeking compensation for the lifetime costs of medical care that will be required for her son, who suffered permanent neurological deficits. At Fronzuto Law Group, our skilled birth injury lawyers work tirelessly on behalf of victims and their families to achieve maximum compensation for medical expenses, rehabilitative treatment, necessary future accommodations, and pain and suffering. If you have questions about your child’s birth injury and the legal options that may be available to you, contact our offices anytime at 973-435-4551.
