Dismissal in Nassau County

Peter DeNoto obtained a mid-trial dismissal on behalf of a well-known medical institution in a neurologically impaired infant case pending in Nassau County on February 28, 2014.  Plaintiffs claimed that the defendant obstetricians negligently performed an external cephalic version, negligently failed to timely perform a Cesarean section (“C-section”) delivery, and negligently performed the C-section delivery. 

Consequently, due to the footling presentation, nuchal arms, and station of the fetus, infant-plaintiff was allegedly exposed to excess traction during labor and delivery and sustained a spinal cord injury.  In the post-natal period, plaintiffs also claimed that the injuries were compounded when the treating pediatricians and treating neurologists failed to timely diagnose and properly treat the spinal cord injury and resultant spinal cord hematoma, by, among other things, failing to obtain a magnetic resonance imaging (“MRI”) scan and evacuating the hematoma. 

As a result of the alleged malpractice, infant-plaintiff purportedly developed Transverse Myelopathy with permanent lower extremity paralysis and urinary/partial bowel incontinence.  After a lengthy trial, plaintiffs’ counsel settled all claims against the obstetricians, pediatricians, and pediatric neurologists.  Then, all claims against the institution were dismissed.