Birth Injury

$7.5 Million Settlement For Failure To Timely Perform C-Section

$7.5 Million
Bradley Zimmerman
Christopher Nyberg

Managing Partner Bradley Zimmerman and Partner Chris Nyberg achieved a $7.5 million settlement days before trial for an infant who was brain damaged at birth due to the failure of the obstetrician to perform an emergency c-section. The video depositions taken in this matter revealed numerous inconsistencies in the testimony of all medical personnel overseeing the care of the mother and the overwhelming indications for an expedited delivery.

The defense had always contended that the infant suffered from chorioamnionitis, an infection to the placenta, which they maintained was the sole cause of the child's cognitive impairment. Our attorneys were able to convincingly demonstrate, through world-renowned experts and by utilizing radiographic 3-D imaging, that the pattern of injury on the MRI took during the newborn admission was the result of hypoxic events (i.e., lack of oxygen to the brain) occurring during the course of the labor.

The meticulous detail in which this matter was litigated led to this extraordinary result. We take great satisfaction in the fact that this child will be taken care of for the rest of his life and will be placed in the New York Medical Indemnity Fund, where all of his lifetime medical needs will be met.