Discontinuance of All Claims in Nassau County

All claims on behalf of a neurologically impaired infant against a prominent New York hospital and obstetrical resident were discontinued at jury selection on March 2, 2015.  In this Nassau County action, plaintiffs claimed that the treating attending obstetrician, obstetrical resident, and hospital staff negligently completed a vacuum-assisted vaginal delivery rather than perform a Cesarean section (“C-section”) delivery. 

Consequently, infant-plaintiff allegedly had to endure the stress of a vacuum-assisted vaginal delivery where excess traction was applied.  He allegedly developed a subdural hematoma that purportedly led to permanent and severe neurological injuries.  Ultimately, plaintiffs’ counsel decided to discontinue all claims against the hospital and the resident without any payment being made and proceeded to verdict against the obstetrician.