NEW YORK COUNTY – SUPREME COURT
MEDICAL MALPRACTICE – CHILDBIRTH – FAILURE TO PERFORM C-SECTION – BRAIN DAMAGE
Jacqueline Salazar, inf. By m/n/g Nellie Lopez v. New York Hospital 3-week trial verdict. Judge Helen E. Freedman, new York Supreme
$4,500,000 for Jacqueline ask. Breakdown: $260,000 for pain and suffering; $840,000 for future pain and suffering; $2,300,000 for custodial care for life; $600,000 for future laws to earnings; $500,000 for loss of services for a Nellie L. Majority: three male, three female.
Peter D. Rosenberg of Rosenberg, Minc, Bryer & Armstrong, Manhattan
Jay W. Levy of Martin, Clearwater & Bell, Manhattan
Plaintiff was born by cesarean section at defendant hospital. Plaintiffs a mother was a 36 year-old office worker. Plaintiffs claim that despite fetal distress, the defendant failed to timely performance is cheering section. Once this Assyrian was performed, plaintiff required resuscitation, was depressed, and spent 10 weeks in the neonatal unit. Plaintiff now suffers from cerebral palsy and mental retardation. She has little control over her body. A resident who was present at the time testified that the mother would not consent to the caesarean. Defendant contended that plaintiff’s injuries were not related to asphyxia, and that no injury had taken place during delivery. Defendant alleged that the cause of plaintiff’s problems is eight Mal developed brain which occurred during fetal growth. Plaintiffs experts: Dr. Joseph J. Smith, OB/GYN, Bronx; Dr. Larry Schneck, pediatric neurologist, Brooklyn; Dr. Alla Fleischman, neonatologist, Bronx; Marsha Riggins, rehabilitative nurse; Dr. Conrad Berenson, economist, Woodbury. Defendant Experts: Dr. Karlis Adamsons, OB/GYN, Manhattan; Dr. Richard Reuben, Pediatric neurologist, Manhattan; Dr. Morris Ehrenreich, rehabilitative medicine, Manhattan; Dr. Thomas Fitzgerald, economist, Mt. Vernon.