New York Couple Files Twins’ Stillbirth Lawsuit

Kristina Robb-Dover | June 27th, 2014 | Posted in Cerebral Palsy Lawsuit News

Stillbirth Lawsuit - Wrongful Death, Medical MalpracticeA New York couple has filed a stillbirth lawsuit this month alleging that medical negligence and malpractice on the part of physicians and medical staff at Phoenix OB/Gyn Services, Ocean Perinatology and New York Hospital Medical Center of Queens caused the tragic death of their twins.

Plaintiffs contend medical negligence in birth injuries lawsuit

The plaintiffs contend that staff from these three entities failed to undertake adequate and reasonable measures during the mother’s high-risk pregnancy from June 2011 to September 2011; and to monitor and diagnose problems and intervene when the mother began to experience potentially serious complications leading to the twins’ death in utero.

As the claim describes it, the medical professionals in charge of maternal health failed “to properly, timely and adequately care” for Vanessa and her babies. The doctors named as defendants are: Dr. Angela Todd, Dr. Hajoon Chun, Dr. Geddes Abel-Bey, Dr. Armin Razavi and Dr. Daniel Skupski.

The family claims that from early on in the mother’s pregnancy, doctors failed to take necessary steps to protect her health and the health and safety of her unborn twins—specifically, forgetting to undertake a careful survey of the mother’s medical history and to perform various physical exams and diagnostic tests that would have prevented this tragedy.

The mother reportedly experienced an infection during pregnancy and a premature rupture of her membranes, which allegedly caused her twin babies to die in utero. The plaintiffs also claim that medical staff’s improper charting of potential red flags and maternal health issues contributed to an overall mismanagement of the mother’s pregnancy.

High compensation for victims of stillbirth medical malpractice

The claim seeks compensation (to be determined during future litigation) for damages that include loss of consortium (or sexual intimacy in the marital relationship) because of the mother’s pain and suffering from the trauma of the loss.

Such compensation, if found to be justified on the grounds that the defendants were responsible for the mother and her twins’ care and did show negligence, departing from “accepted standards of gynecological, obstetrical and maternal fetal practice,” will be generous.  The claim is asking for compensation in birth and personal injury damages that exceed “the jurisdictional limitation of all lower courts.”

Stillbirth—causes, preventative measures

Stillbirth occurs when an unborn baby dies in the womb after the 20th week of pregnancy.  The tragedy is thankfully rare, occurring in about one in every 160 pregnancies and usually diagnosed by ultrasound showing the baby’s heart has stopped beating.  In most cases, stillbirth precedes the onset of labor.

Infections as common as bacterial or urinary tract infections can be the cause of stillbirths; even relatively mild viral infections such as Fifth Disease can pose dangers to the life of a baby in utero.  Infections account for anywhere between 10 and 25 percent of all stillbirth cases.

Other causes of stillbirth are bleeding before or during labor, placental abruption (when the placenta separates from the womb before birth) and pre-eclampsia (high blood pressure in the mother).  Careful monitoring by physicians can ensure that measures are undertaken at the first sign of risks for stillbirth.

How Eisbrouch & Marsh can help

If you or a loved one has reason to believe that you experienced a stillbirth because of medical negligence, the birth injury lawyers of Balkin & Eisbrouch want to help you recover the compensation you deserve for your needless pain and suffering.

To learn more about just how we can help, call us for a no-strings-attached consultation: 1-855-60-BIRTH.


  1. CDC, “Parvovirus B19 and Fifth Disease,” http://www.cdc.gov/parvovirusb19/pregnancy.html

  2. New York Times, After Stillbirth, Courts Try to Put a Price on a Mother’s Anguish, http://www.nytimes.com/2011/08/24/nyregion/in-stillbirth-malpractice-cases-courts-try-to-put-price-on-mothers-anguish.html?pagewanted=all