Professional Negligence Law Reporter

Doe, who had a history of preeclampsia, was admitted to a hospital to deliver her child. She was administered Pitocin, which a physician discontinued before another physician restarted it. Despite this, Doe’s labor failed to progress, and the fetal monitor showed persistent variable decelerations. Doe’s son was subsequently born in a depressed condition, with Apgar scores of zero at one minute and one at five minutes. Additionally, his umbilical cord was wrapped tightly around his neck at birth. Now 5, Doe’s son has been diagnosed as having suffered a hypoxic-schemic brain injury at birth.

Doe sued the hospital, alleging failure to diagnose cord compression, perform an emergency cesarean section, and timely discontinue the Pitocin.

The parties settled for more than $785,400.

Citation: Doe v. N.Y.-Presbyterian Hosp., No. 0706460/2016 (N.Y. Sup. Ct. Queens Cty. Dec. 2019).

Plaintiff counsel: AAJ member James P. Fitzgerald, Yonkers, N.Y.

Plaintiff expert: Robert Peyster, neuroradiology, Stony Brook, N.Y.

Defense experts: Dwight Rouse, obstetrics, Providence, R.I.; Andrew Steele, neonatology, New Hyde Park, N.Y; and Gordon Sze, neuroradiology, New Haven, Conn.