Professional Negligence Law Reporter

D.W. was born at 25 weeks’ gestation at Jamaica Hospital Medical Center. He was diagnosed as having suffered hypoxic-ischemic brain damage, which resulted in spastic quadriplegia. Now in sixth grade, he attends special education classes and will never be able to live independently.

Suit against the hospital and two physicians who provided care during D.W.’s delivery alleged failure to timely deliver D.W. via cesarean section, lack of informed consent, and negligent post-delivery care, including failure to offer cranium cooling.

The parties settled for more than $5.89 million.

Citation: D.W. v. Goltyapina, No. 7007500/2017 (N.Y. Sup. Ct. Queens Cty. July 17, 2020).

Plaintiff counsel: AAJ member James P. Fitzgerald and Randy B. Nassau, both of Yonkers, N.Y.