Professional Negligence Law Reporter

Doe’s mother received some of her prenatal care at a federally funded health care program. She was admitted to a hospital for induction of labor at more than 40 weeks gestation. The next day, the fetal monitor allegedly showed prolonged and late decelerations. Approximately two hours later, Doe was delivered by cesarean section. His Apgar scores were one at one minute and four at five minutes, and he was diagnosed as having suffered hypoxic-ischemic brain damage. Now 5, he requires constant care.

Suit against the United States, for a provider’s alleged negligence, and against the hospital, for its own and another provider’s alleged negligence, alleged failure to perform a timely cesarean section.

The parties settled confidentially.

Citation: Doe v. U.S., No. 5:21CV00327 (N.D.N.Y. Mar. 27, 2024).

Plaintiff counsel: Charles L. Falgiatano, East Syracuse, N.Y.