Infant’s Brain Damage Subject of NY Birth Injury Lawsuit

Ava Lawson | October 18th, 2013 | Posted in Cerebral Palsy Lawsuit News

Birth Injury Lawsuit – NY Hospital Malpractice ClaimAccording to allegations cited in a birth injury lawsuit, Lutheran Medical Center and its attending physicians failed to safely and promptly deliver the minor plaintiff, causing him to suffer severe and permanent brain damage. The case is currently proceeding in the U.S. District Court for the Eastern District of Brooklyn, where the plaintiffs’ medical malpractice attorneys seek monetary damages on behalf of their clients that exceed the jurisdictional limits of the lower courts.

The case was filed by the mother, both individually and on behalf of her infant son, who is under the age of five. Both are residents of Brooklyn, New York.

Defendants charged with negligence in birth injury lawsuit

Plaintiffs allege that the defendants provided careless and negligent prenatal care to the Brooklyn mother, who argues that attending doctors at Lutheran Medical Center failed to properly diagnose her condition and failed to properly perform a Cesarean section delivery, causing her son to suffer irreparable birth injuries.

The defendants are accused of deviating from the custom standard of care that is expected of all health care professionals, by allegedly failing to safely deliver the minor plaintiff in a timely manner. After the child was born on April 23, 2007, he remained at Lutheran Medical Center for one week before being sent home. By purportedly failing to resuscitate the newborn child shortly after his birth, the minor boy was diagnosed with permanent brain damage and now suffers developmental delays, and will require a medical care and therapies for the remainder of his life.

The mother plaintiff contends that due to her son’s birth injury, she has incurred substantial medical expenses to cover medicines and treatment for his care. As a result of being forced to witness her child’s pain and suffering, the mother argues that she too has suffered mental anguish and emotional trauma, and has now lost the companionship and services of her son.

As a consequence of this alleged professional medical negligence, the claimants are demanding compensation in an amount to exceed $75,000. In addition to the Lutheran Medical Center, the birth injury lawsuit also names Dr. Meenakshi Bhillakar, Dr. Fouad Attalah, J. Brasse, R.N. and I. Thachuk R.N. as defendants. Fetal monitoring strips, neonatal reports and delivery room records have been obtained by the plaintiffs’ counsel to help establish liability in the case.

Malpractice attorneys advocate for birth injury victims

The law firm of Balkin & Eisbrouch understands the emotional and financial strain placed on victims of birth injury malpractice. The birth of a child should be a joyous occasion, but when mistakes are made by health care providers, the consequences for both mother and child are often disastrous. If you suspect that your child’s birth injuries stemmed from doctor error or hospital negligence, please contact our offices for a free and confidential consultation. Over the past four decades, our committed team of attorneys has helped countless families secure the compensation to which they are entitled, often times in the millions of dollars.

We know that no amount of money can erase a child’s pain and suffering, but a favorable verdict or birth injury lawsuit settlement can ensure your boy or girl receives the best medical care available for the rest of their lives. And since we work on a contingency basis, there are no legal costs for the parents unless damages are recovered.


  1. Human Illneses.com - Birth Defects and Brain Development, http://www.humanillnesses.com/Behavioral-Health-A-Br/Birth-Defects-and-Brain-Development.html

  2. National Institutes of Health - Fetal hypoxia insults and patterns of brain injury: Insights from animal models, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2767254/