Fetal Brain Damage Topic of Birth Injury Lawsuit

Ava Lawson | November 15th, 2013 | Posted in Cerebral Palsy Lawsuit News

Birth Injury Lawsuit – Hospital Malpractice, Fetal Brain DamageA New York woman and her minor son are suing Greater Hudson Valley Family Health Center and St. Luke’s Cornwall Hospital for alleged birth injury malpractice, as detailed in a recent complaint filed in NY Supreme Court. The plaintiffs argue that the defendants failed to offer the accepted standards of medical care, resulting in the minor’s premature delivery and subsequent injuries.

The infant, who was born at home, suffered respiratory distress syndrome and brain damage and will need ongoing medical treatment for the rest of his life. For these and other damages and losses, the plaintiffs are seeking in excess of $150,000 in their birth injury lawsuit.

Though originally brought in state court, the medical malpractice action was transferred to the U.S. District Court for the Eastern District of New York (Brooklyn), where the plaintiffs are demanding a jury trial.

Newborn is diagnosed with brain damage

The birth injury lawsuit argues that attending medical professionals at Greater Hudson Valley Family Health Center and St. Luke’s Cornwall Hospital failed to “understand the clinical analysis, laboratory analysis, history, physical examination, complaints, pains, signs, and/or symptoms so that a proper diagnosis could be made and/or a proper course of treatment given,” and that these acts and omissions constituted medical negligence.

The plaintiff claims that she presented at the hospital believing she was in the early stages of labor. Allegations in the complaint state that hospital personnel failed to provide standard exams at this time to accurately assess that she was in preterm labor, and instead, discharged the plaintiff. In addition, the defendants failed to administer a pelvic exam, sonogram and properly consider the woman’s prior medical history and potential for a high-risk pregnancy, states the lawsuit.  Instead, the hospital discharged the plaintiff, even after she returned on several occasions, reporting strong labor pains.  Subsequently, the woman gave birth prematurely at home on February 2, 2012.

Defendants allegedly failed to diagnose preterm labor

Had the defendants administered tocolytics or corticosteroids to the plaintiff when she first presented at the hospital, the case argues, her infant would not have been born with respiratory distress syndrome and trauma to the brain. The defendants are being charged with failing to provide a safe and sterile environment for the claimant to deliver her baby, and as a direct consequence of this alleged birth injury malpractice, the infant and his mother have sustained irreparable physical, emotional and financial harm. The child will now need consistent care from physical therapists and other health care providers, and these costs have placed extreme monetary burdens on the family.

Legal assistance for malpractice victims

The law firm of Balkin & Eisbrouch provides unwavering support and legal advocacy for medical malpractice victims. We understand the catastrophic ramification that negligence can place on innocent children and their families. If you suspect your child’s injuries were caused by a medical mistake, misconduct or omission, we invite you to contact our offices for a free case evaluation.

With more than 45 of years of litigation experience, we can help determine if you have solid grounds for pursuing compensation in a birth injury lawsuit. Damages recovered through legal action can help diminish the hardships of raising a special needs child.


  1. NIH, What Is Respiratory Distress Syndrome? http://www.nhlbi.nih.gov/health/health-topics/topics/rds/

  2. PubMed, Fetal Brain Injury, http://www.ncbi.nlm.nih.gov/pubmed/15094650