Failure to Perform Timely C-Section Resulting in Birth Injury
A joyous occasion turned into a devastating ordeal for a 24-year-old mother delivering her baby at a Queens hospital. During labor and delivery, medical staff failed to properly monitor and interpret critical fetal heart rate patterns on the fetal monitor strips, which clearly indicated signs of fetal distress. Despite these alarming indicators, a timely C-section was not performed, and the labor was allowed to continue naturally.
Tragically, the consequences of this negligence were profound. Within two hours of birth, the newborn experienced a seizure caused by hypoxic-ischemic encephalopathy (HIE)—a condition resulting from insufficient oxygen and blood flow to the brain. The infant was immediately transferred to a specialized hospital, where they were diagnosed with cerebral palsy, a life-altering condition that would require lifelong medical care, therapy, and support.
Our team at Salenger, Sack, Kimmel & Bavaro filed a lawsuit against the hospital and its medical staff, alleging that the failure to act on clear signs of fetal distress directly caused the newborn’s injuries. By consulting leading medical experts, analyzing hospital records, and presenting compelling evidence, we demonstrated that a prompt C-section would have prevented the infant’s injuries and ensured a better outcome.
Through relentless advocacy, we secured a $4.75 million settlement for the family. This compensation will help cover the extensive medical expenses, rehabilitation costs, and the resources necessary to provide the child with the best possible quality of life.