Defense Verdict in Kings County
Luke M. Pittoni successfully defended the chief of perinatology at a major New York medical center in a brain-damaged infant case, achieving a favorable jury verdict in Brooklyn on May 10, 2004.
The infant-plaintiff was born prematurely during the 27th week of pregnancy. Plaintiff, who sought a multi-million-dollar award, claimed the electronic fetal monitor demonstrated hypoxia, that it was contraindicated to deliver patient in the so-called “face” presentation. Mr. Pittoni successfully argued that there was no evidence of hypoxia, that the baby’s external bruising was merely superficial, and that the infant’s cerebral palsy was caused by a combination of prematurity and infection not attributable to malpractice.