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Press Release

New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald Win Verdict of $4.1 Million

NEW YORK, NY--(Marketwire - Mar 13, 2013) - The New York medical malpractice lawyers at Fitzgerald & Fitzgerald have been representing clients in matters involving medical negligence since 1971. The firm handles cases that include birth injuries, brain damage cases that lead to diagnoses of cerebral palsy and autism and several other medically-related legal matters. The attorneys at the firm hereby announce that they have won a jury verdict in the amount of more than $4.1 million on behalf of an infant who was allegedly permanently injured because of the negligence of the defendant named in the case.

The New York medical malpractice lawsuit that led to this result was filed in Kings County Supreme Court and it was assigned a case number of 93225A. The lawsuit was filed after the infant plaintiff was diagnosed with cerebral palsy and spastic diplegia, and the lawsuit documents alleged that a failure by the defendant hospital to perform a Caesarian section birth in a timely manner was what led to these permanent diagnoses.

According to the court documents, the plaintiff's mother was admitted to defendant Kings County Hospital with prematurely ruptured membranes. The infant plaintiff was born eight days later under the care of two junior residents who were allegedly not supervised by a full medical doctor. On the evening prior to the infant plaintiff's birth, a doctor who was not present wrote a note ordering the use of Pitocin, which is an agent that induces labor.

The attorneys at Fitzgerald & Fitzgerald argued in the court documents and at trial that: (1) the doctor should have been present to watch over her labor and instruct the residents, (2) it was a departure to start Pitocin when persistent variable decelerations were noted, (3) the decelerations were caused by cord compression beginning with an occult cord, which later became a fully prolapsed cord, (4) a C-section should have been performed on the night before the infant was actually born and (5) the infant suffered an injury to the periventricular area of the brain because of loss of oxygen.

The court documents went on to allege that the infant was diagnosed with cerebral palsy and spastic diplegia as a result of the failure to perform a timely C-section, that the infant will suffer from permanent limitations on his earning capacity and that he will require either in-home care or care at a facility for the balance of his life. The jury in the case heard the arguments and awarded the infant plaintiff a total of $4,109,452 in damages for losses including pain and suffering, past and future medical expenses and a loss of earning capacity.

About Fitzgerald & Fitzgerald
Fitzgerald & Fitzgerald is a law firm comprised of New York medical malpractice lawyers who have been representing clients harmed by the negligence of medical professionals overseeing births since the firm's inception in 1971. The attorneys at the firm handle New York birth injury cases, New York medical malpractice cases, New York cerebral palsy cases, New York personal injury cases, auto accident cases and other types of litigation matters that involve injuries inflicted upon individuals who need legal help.


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Fitzgerald & Fitzgerald
Doris Herrmann
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