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$4.1 Million for Birth Trauma

Our client was a nurse who became a gestational diabetic while she was pregnant. Her pre-natal obstetrition failed to complete the testing for gestational diabetes and consequently did not treat plaintiff for same. After she went into labor, the fetal monitor showed signs that the baby was under distress, which usually means that the baby is not receiving sufficient amounts of oxygen and requires caesarian section. This situation was not addressed in a timely manner and our client’s son was born with a birth weight of nearly 12 lbs and was later diagnosed with mild mental retardation and attention deficit disorder. A suit was brought against the pre-natal physician for not diagnosing and treating the gestational diabetes and against the delivery physician and hospital for not addressing the signs of fetal distress in a timely manner. After a pre-trial settlement of $1.5 million with two defendants, the case proceeded to trial against the remaining defendant in Supreme Court, Kings County. The trial resulted in a $4,096,900 jury verdict although the Appellate Division reversed the verdict against the pre-natal physician.