Articles Posted in Queens

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A woman was found to be pregnant and she went for an ultrasound. It was determined that she was carrying twins. The pregnant woman opted for a home birth instead of giving birth at a hospital. She wanted to be assisted by a midwife and nurses.

A New York Injury Lawyer said she nurse/midwife who had her own clinic and lying-in clinic diagnosed one of the twins to have a weak heart sound: the baby’s heart rate decelerated at times. The nurse/midwife recommended that a follow-up sonogram be done at a hospital. The hospital found that the baby’s heart rate had already stabilized. The woman wanted to give birth at the hospital but she also wanted to be assisted in the birth by her own nurse/midwife. The doctors at the hospital told her that her nurse/midwife did not have credentials or birthing privileges at their hospital. They told her that if she were to decide to give birth at the hospital, she would be cared for by one of the obstetricians on their staff.

The woman left and her pregnancy progressed. She stuck it out under the care of the nurse/midwife. She gave birth at her home on July 1, 2004. One of her twin babies was stillborn. The death certificate as filled out by the nurse/midwife listed the cause of death as undetermined.

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The plaintiff in the case is Rickie Scott, et al. The defendant in the case is the City of New York. The judge for this case is Martin M. Solomon.

The Case

The defendant in the case, Bertram Fields, is moving for an order to grant him a summary judgment that dismisses the complaint by the plaintiff. Through a separate motion in the case, the defendant Merco Properties, Inc., is moving for the same relief. The City of New York submits an affirmation that joins in the plaintiff’s opposition to the respective judgments of summary motions made by the defendants.

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A medical malpractice action is premised upon the alleged negligence of the physicians relating to the care and treatment rendered to a mother and her infant son during their hospitalization at the hospital. It is alleged that the physicians negligently departed from good and accepted standards of care in treating the infant, commencing with his birth and continuing through his discharge proximately causing the infant to suffer serious and permanent injury.

The pediatrician seeks summary judgment dismissing the complaint on the bases that he appropriately evaluated the infant for hypoglycemia or abnormally low sugar level and that he appropriately ordered treatment and that he did not depart from the hypoglycemia protocol. He also claims that he fully complied with the standard of care during his treatment of the infant. It is further asserted that his care and treatment of the infant was not the cause of the infant’s alleged birth injuries.

A New York Injury Lawyer said the obstetrician seeks order without trial to dismiss the complaint as asserted against him on the bases that there is no evidence that he participated in the prenatal care and treatment of the mother, and therefore, the claims asserted against him pertaining to the prenatal period should be dismissed. He also contends that there is no evidence that he participated in the care and treatment of the mother other than between approximately 11:15 a.m. and 6:00 p.m. on May 23, 2003, and that any claims pertaining to any other time period should be dismissed. A fellow obstetrician contends that there is no evidence that he participated in the mother’s prenatal care other than one office visit on February 13, 2003, and a consultation on April 10, 2003, and therefore, all other claims asserted against him should be dismissed. Both obstetricians contend that the prenatal care and treatment provided to the mother was appropriate and within good and accepted medical practice, and that there is nothing that they did or did not do that proximately caused the infant to suffer the injuries claimed in the legal action.

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On September 4, 1998, a pregnant woman was admitted to St Charles Hospital with complaints of severe, headaches swollen legs, fatigue and decreased fetal movement. She was promptly transferred to the University Medical Center at Stony Brook, in Stony Brook, New York. She was a lupus patient and had a history of preeclampsia with a prior pregnancy. The doctors at the University Medical Center at Stony Brook, were concerned because she was only at 24 weeks gestation. They administered some steroids in the hope that they could encourage better lung development in the infant in the event that the infant would have to be delivered prematurely.

In 1998, the administration of steroids to encourage lung development was a standard practice. A New York Injury Lawyer said the steroids were delivered in two doses normally. The first dose would be delivered and then the doctors would wait 12 hours before delivering the second dose. Following the second dose, another 12 hours would go by before they would deliver the infant. In the case of this particular woman, the infant was showing signs of fetal distress and lowered heart rate. The doctors made several attempts to determine the exact cause of the issues that the woman and child were suffering before taking any action. The doctor waited one hour in particular so that the father of the child could arrive at the hospital. At this point, the lives of both the mother and the severely premature infant were at risk. Nine hours after arriving at the University Medical Center at Stony Brook, the child was delivered by caesarian section. The infant showed relatively good Apgar scores at the time of delivery. However, within the first few years of birth, he suffered from obvious signs of fetal hypoxia and other issues related to the delay in his delivery.

The hospital maintained that the child was so severely premature, that any issues that he developed were tempered by the fact that they are obvious expectations of a premature infant. They state that the parents were advised that these were possible risks to early delivery at the time that the delivery was done. A Staten Island Personal Injury Lawyer said they also advise that any delays were necessary and within proper treatment guidelines based on the situation. They stated that the fact that the woman suffered from other medical conditions had at first blurred the fact that she was preeclampsic a second time. They contend that most of the delay was an attempt to give the infant as much of the benefit of the steroid as possible, to allow a neonatal specialist to be called in, and to ensure that a team of neonatal intensive care specialists were standing by to help the infant when he was born.

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This case is being heard in the Queens County Supreme Court. The plaintiff of the case is the infant Jasan Stuart. He is represented by his natural guardian and mother, Ann Ashmeade. The defendant in the case is the New York City Health and Hospitals Corporation.

Case at Hand

This is a motion for an order to allow the plaintiff to amend the complaint as it was filed by adding Ann Ashmeade, the mother, as an individual plaintiff in the case. A cause of action is requested based on the emotional distress Ashmeade suffered as a result of her son’s birth on the 8th of August in 1996, while in an impaired state because of the medical malpracticeand negligence of the defendants.

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This is a case for appeal being heard in the Second Department of the Supreme Court Appellate Division. The appellant for the case is Carman Grellet. The respondents for the case are the City of New York et al. The appellant is represented by Ellen M. Saunders. The respondents are represented by June A. Witterschein and Marvin Kwartler. The case is being heard before Lazer J.P., Bracken, Kooper JJ., and Niehoff.


This is a medical malpracticeaction and the issue at hand before this court is whether or not the service of notice for the claim of the alleged malpractice suit was timely. The service of notice occurred ten years after the alleged malpractice took place.

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This case involves the infant Zachary Velazquez, who is represented by his natural guardian and mother, Evelyn Segarra. They are the respondents of the case. The appellant in the case is the Jacobi Medical Center part of the City of New York Health and Hospitals Corporation. The case is being heard in the First Department of the New York Supreme Court, Appellate Division.

Previous Case

The original case was heard in the Supreme Court located in Bronx County. The judge in the case was Douglas E. McKeon, J. Judge McKeon granted the plaintiff’s motion for order that deemed their notice of claim was timely served, was reversed unanimously, and the facts were within the law and were discreet. The motion by the defendants was denied.

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The respondent for the case is Ivelisse T. This case concerns the alleged abuse and neglect of two children under the age of eighteen, Rosaly S. Marcos S, and Wesley R. The case is being heard in the Kings County Family Court. Daniel Fraidstern, Esq., is the Special Assistant Corporation Counsel for the Administration of Children’s Services. The attorney for the respondent mother is Michael S. Somma Jr. The Attorney for the children is Fred Allen Wertheimer.

Case Background

The respondent in the case is the mother of Wesley R., Marcos S., and Rosaly S. Before this case the children all lived in Brooklyn with the respondent and Christian A., her husband.

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The plaintiff in the case is Tiffany McKendry. She is represented by William L. Nikas, Esq. from Hudson Falls. The defendant in the case is Eileen D. Thornberry. She is represented by Sean A. Tomko, Esq. from the law offices of Taylor & Associates in Albany, New York.


This is a case involving a car accident. The defendant is moving for a summary judgment in the case and the plaintiff opposes this motion.

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Queens Birth Injury 15

This case is being heard in the Special Term of the Queens County Supreme Court. The original plaintiffs of the case are John Joseph Shea III, who is an infant under 14 years old, represented by his guardian John Joseph Shea II and John Joseph Shea II individually. The defendants are Otto Gitlin, d/b/a Queens Memorial Hospital, Jane Stidolph (first name is fictitious), and Dr. John Uvetich. Stidolph and Dr. Uvetich are third party plaintiffs versus the third party defendants Dr. Samuel Weiner and Dr. S.J. Rosoff.

Third Party Case

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