$3,900,000 Recovery in New York Birth Injury Case

Birth Injury - Medical Malpractice

Plaintiff contended that the defendant ob/gyn negligently failed to perform an emergency C-section in a timely manner when the mother presented in the 36th week with an absence of fetal movement and when a non-stress test taken over the course of an hour was non-reactive. Partner Philip Russotti argued that as a result of this negligence, the child suffered hypoxia which resulted in mild retardation, severe ADHD and social isolation as well as difficulties with fine motor skills. Maintaining that the cost of a group home will approximate $4 million over the child's life expectancy, the case was settled during trial for $3.9 million.

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