$2,252,000 Settlement

Our client, at the age of 28, was pregnant with her second child. She had an uneventful pregnancy and was admitted to a Long Island, New York, hospital for labor and delivery. The delivery was to be conducted by a midwife. As the labor progressed, there were certain indications on the fetal monitoring strips that showed the potential for mild fetal distress. Both our client and the midwife wanted the delivery to be natural and not by c-section, so the labor continued with the midwife monitoring the fetal strips. The baby was born by vaginal delivery and had some mild complications that have now mostly resolved.

A lawsuit was filed against the hospital and midwife for failing to deliver the child earlier by c-section. Had a c-section been performed when there were signs of potential fetal distress, the baby would not have suffered any post-birth complications. The defense asserted that the mother chose to prolong the pregnancy, so that she could have a natural delivery. The defense further asserted that the injury to the child, if any, was mild at best.

The case came up for trial in Nassau County Supreme Court and settled just prior to jury selection. In addition, since this case involved labor and delivery, our firm successfully enlisted the child into the New York Medical Indemnity Fund, which will provide full medical coverage for life.