Defense Verdict in New York County

On February 11, 2008, Robin R. Dolsky 7/31obtained a defense verdict on behalf of a major Manhattan medical center in a law suit brought by one of New York’s most prominent plaintiff’s medical malpractice firms. The case involved the 1999 premature delivery of the infant-plaintiff a little over a week after the plaintiff-mother was admitted to the defendant hospital in pre-term labor, and approximately 60 hours after the mother’s premature rupture of membranes.

Plaintiffs claimed that the infant-plaintiff’s severe spastic quadriplegia and other neurological deficits were caused by obstetrical negligence resulting in perinatal asphyxia due to cord compression in the 60 hours in between the mother’s premature rupture of membranes and the delivery. Ms. Dolsky successfully argued to the jury that the infant-plaintiff’s condition was due solely to his extreme prematurity (the infant-plaintiff was born at a little less than 28 weeks gestational age) and occurred despite good and accepted obstetrical practice.