Brain Damage Subject Of New York Birth Injury Lawsuit

A New York birth injury lawsuit alleging hospital negligence is currently proceeding in the U.S. District Court for the Eastern District of New York before Judge Pollak. The complaint was filed on behalf of a mother who claims that the defendants, Lutheran Medical Center and its physicians, committed grave errors during the delivery of her child.

The minor child has been diagnosed with brain damage and other injuries. The complaint was filed on June 9, 2011. Since that time, the plaintiff has endured a long discovery process, including efforts to gain access to the fetal monitoring strips and the original medical records.

Minor child suffers brain damage

According to this New York birth injury lawsuit, the mother, a resident of Brooklyn, received prenatal care at a facility owned and operated by the defendants. On April 22, 2007, the plaintiff was admitted to the hospital and gave birth to her son the following day. However, due to physical injuries discovered upon birth, the minor child remained hospitalized until April 30.

The plaintiff claims that the care and treatments she and her minor child received “was rendered in a manner that deviated from customary and accepted medical practice.” As an alleged result of medical malpractice, the minor child has suffered from irreversible and significant brain damage. He also exhibits signs of multiple developmental delays and will require special therapies and care for his lifetime.

The complaint does not elaborate upon the specifics of the child’s injuries and the extent to which they will interfere with his ability to carry out normal day-to-day activities as he grows older. Brain injuries can range from temporary damage, to severe, permanent damage that is debilitating and disabling. It is expected that the minor child suffers from the latter category of brain damage.

Trauma to the brain can cause cognitive, behavioral, social, physical, and sensory delays. For example, a child with brain damage may have an inability to moderate emotions and tolerate stress. He may become aggressive or he may suffer from spatial disorientation, balance problems, impaired senses, and memory loss. Sometimes, brain damage can cause problems processing information, communicating, empathizing, and making decisions.

Doctors failed to perform a timely C-section

The plaintiff alleges that the minor child’s injuries and developmental delays were directly caused by the defendants’ negligence. The allegations include failing to provide sufficient care before, during, and after the delivery, and failing to recognize the signs of a medical problem. The lawsuit further contends that the defendants should be held liable for not performing a Cesarean section in a timely manner and for “failing to timely and properly resuscitate the newborn plaintiff.”

The allegations of this complaint suggest that the minor child displayed signs of fetal distress, to which the attending physicians did not properly respond. Fetal distress, often characterized by an irregular heart rate, can imply oxygen deprivation to the baby and requires swift intervention to mitigate any potential injury. In some cases, brain damage as a birth injury occurs because the fetus’ brain did not receive sufficient oxygen during delivery. Conditions such as these are typically remedied with a prompt Cesarean section, which the plaintiff alleges the defendants failed to perform.

How NY medical malpractice attorneys can help

The plaintiff demands compensatory damages, which can help her pay the exorbitant expenses associated with raising a child with special needs. If you believe that your child suffered harm as a result of birth injury malpractice, you have the right to demand compensation as well. Call 1-800-FAIR-PLAY to learn how The Sanders Firm can help. We offer free legal evaluations and we’ll never collect a fee unless we obtain compensation on your behalf.


WebMD, Brain Damage: Symptoms, Causes, Treatments,