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Department of Financial Services

This is an obstetrical medical malpractice action, brought on behalf of the infant by his mother was settled before the Court for $5,500,000 and an infant’s compromise order was recently executed.

A Bronx County Personal injury lawyer said that following a November 30, 2010 physical examination, the hospital’s examining pediatric neurologist issued a report which concluded that: “the infant is a 16–month old boy with spastic triplegic Cerebral Palsy, microcephaly, and global developmental delay.” Plaintiffs contend that medical personnel at the hospital failed to timely deliver the infant plaintiff by cesarean section when confronted with non-reassuring fetal monitor tracings suggestive of a hypoxic event.

Plaintiffs further allege that in attempting a vaginal delivery, prior to the tardy cesarian section, forceps were negligently and unsuccessfully used, causing a bleed in the right temporal area of the infant’s brain and a fracture of the right temple. Ultimately, assert plaintiffs, attempts to deliver the infant vaginally were abandoned for a cesarean section but, according to plaintiffs, not before the infant suffered a hypoxic event and traumatic injury. The parties agree that the infant is profoundly damaged, is unemployable and will require custodial care or significant home assistance for the remainder of his life.

In the parlance of medical malpractice lawyers, this is a “baby case.” It concerns claims that medical personnel at New York and the hospital, confronted with non-reassuring labor developments, failed to timely perform a cesarian section subjecting the infant to hypoxia and causing, say plaintiffs, the infant’s cerebral palsy. The parties agree that the settlement is subject to the provisions of the Fund, which was enacted, according to its declared legislative purpose, “to reduce premium costs for medical malpractice insurance coverage”

To achieve that goal, the statute relieves defendants, in certain specified obstetrical malpractice actions, from paying the future medical expenses component of any post-April 1, 2011 judgment or settlement, mandating instead that “qualified plaintiffs” be enrolled in a program which pays for medical expenses as incurred.

Prior to the enactment of the statute, insurers or self-insured medical providers customarily settled obstetrical malpractice actions, including claims for future medical expenses, with up-front lump sum cash. This required pre-paying for future medical expenses with the obvious shortcoming that, if a child died sooner than expected, or required a level of future care less than projected at the time of the settlement, unspent or surplus funds went to the child’s estate or for non-medical uses rather than being returned to the insurer or medical provider.

If you are a victim of a medical malpractice which resulted into the death of your love ones, you can consult our Bronx County Wrongful Death Attorneys here in Stephen Bilkis and Associates, who will file the necessary action for you. For other mattes, we have Bronx County Injury Lawyers for you.

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