Erie County Supreme Court Buffalo, New York | $3,200,000 | Medical Malpractice - Birth injury - Fetal Injury - Birth defect - Failure to monitor - Failure to perform Cesarean Section - Severe cognitive deficits - cortically blind - spastic quadriparesis
Injury to fetus as a result of multiple levels of failure on the part of the various defendants. Defendants insisted on confidentiality agreement because of the severity of the injuries and the egregiousness of the medical negligence by the doctor, nurse, medical practice, and hospital.
Defendants failed to properly monitor fetal heart rate and the condition of the fetus for hours after mother's admission. The delay in monitoring resulted in more delays in getting appropriate personnel to the hospital which was understaffed and not properly equipped to monitor more than two deliveries at a time. As a result the defendants failed to detect late decelerations and decreased variability on fetal monitoring strips.
Infant plaintiff after her birth was totally disabled for life, suffered a reduced life expectancy and severe pain suffering and loss of enjoyment of life. In addition she required life long medical care all as a result of the defendant's negligence.
During Mr. Ballow's jury selection at trial, the defendants made a $3,200,000 settlement offer which the plaintiffs chose to accept.
