Settlement for Birth Injury Case in New York
At Salenger, Sack, Kimmel & Bavaro, we are proud to share a significant legal victory that highlights our unwavering commitment to fighting for justice and accountability. In this case, we fought relentlessly for justice in a preventable birth injury case that forever changed a family’s life.
Our client, a 35-year-old woman, arrived at a Staten Island hospital at 41 weeks gestation for the anticipated delivery of her child. After enduring approximately 30 hours of active labor, concerns emerged when fetal monitor strips indicated clear signs of oxygen deprivation to the baby.
Despite these alarming indicators, additional distress signals surfaced over the next 5 hours, including:
An elevated fetal heart rate
Abnormal fetal monitor readings
Instead of promptly opting for an emergency cesarean section, the attending doctor chose to delay intervention. This decision proved catastrophic as the doctor proceeded with a vaginal delivery despite the growing danger.
Tragically, the consequences of the delayed intervention were devastating. The newborn suffered prolonged oxygen deprivation during labor, leading to irreversible brain damage. The child was later diagnosed with spastic quadriparesis secondary to cerebral palsy, a severe form of motor impairment that will require lifelong medical care, therapy, and specialized support.
Our client, a loving and dedicated mother, trusted the medical team to provide the necessary care and make decisions in the best interest of her child’s health. Instead, this preventable injury altered the course of their lives forever. The emotional and financial toll of caring for a child with cerebral palsy cannot be overstated, as it involves ongoing medical expenses, loss of future opportunities, and the need for extensive long-term support.
Beyond the child’s diagnosis of cerebral palsy, the labor and delivery process also took a physical and emotional toll on our client. She endured significant stress, emotional trauma, and the overwhelming responsibility of navigating the healthcare system to provide her child with the care and resources needed to manage their condition.
The newborn’s condition includes:
Severe motor dysfunction: Limited control over the arms, legs, and torso.
Speech and feeding difficulties: Requiring ongoing therapy and specialized medical equipment.
Lifelong dependency: The child will need continuous care and support throughout their life.
The financial impact of this injury includes ongoing physical therapy, medical treatment, assistive devices, and the costs of long-term caregiving. Our legal team recognized the magnitude of this burden and fought tirelessly to ensure the family would have access to the resources they need.
Our legal team meticulously investigated every aspect of this case, holding the negligent healthcare providers accountable for their decisions. We:
Analyzed Medical Records: Reviewing all fetal monitor data, labor progress notes, and physician decision-making timelines to identify negligence.
Engaged Medical Experts: Collaborated with obstetric and neonatal experts to establish how earlier intervention would have prevented the injury.
Built a Comprehensive Legal Strategy: Demonstrated the clear deviation from the standard of care that resulted in catastrophic harm.
Pursued Maximum Compensation: We fought aggressively to secure the compensation needed to provide for the child’s lifelong care and the mother’s emotional recovery.
Our commitment to justice ensured the family secured significant compensation to provide for the child’s medical needs, therapy, and long-term care.