$1.75 Million - Infant [Redacted] v. [Redacted Brooklyn] Hospital

In this case, the mother of the infant plaintiff was found to have an incompetent cervix during a routine prenatal visit when she was 15 weeks pregnant. In order to strengthen the cervix, a stitch called a "cerclage" was placed around her cervix and tied in place. Unfortunately, the first year resident who placed this cerclage did not have the required experience to perform this procedure. Several weeks later, the mother went back to the hospital for a regular checkup and they found that the knot had come undone and her bag of water was protruding through the cervix. The infant was barely 20 weeks old at the time. The hospital decided to admit the mother and have her lay on her back in the Tredelenburg position to help the bag of water recede back into her uterus. After laying on her back for several weeks, the bag of water did go back in place. However, the doctor failed to place a new cerclage to hold the cervix shut. A short time later, the mother went into preterm labor.

When a mother goes into preterm labor before 32 weeks, it is standard practice to give her an injection of steroids. This is crucial because the problem with premature babies is that premature babies have premature lungs. It has been known for decades that the administration of steroids to a mother before the baby is born will instantaneously speed up the child's lung maturity enabling her to breath on her own once she is delivered. Unfortunately for this child, the steroid injection was not given and this child suffered severe oxygen deprivation after birth.

When this child began school, she had to receive special education because of the oxygen deprivation she sustained at birth. The money obtained for this child will be used for supplemental tutoring and therapies that are not provided in the public school system. With these intensive sessions, she will now likely be able to go on and receive a college education.