Summary Judgment awarded on behalf of Dutchess County Hospital
HPM&B recently obtained Summary Judgment on behalf of Dutchess County Hospital where it was claimed that the infant-plaintiff suffered brain damage and a brachial plexus injury as result of the mismanagement of labor and delivery.
The plaintiff-mother had been admitted to the Hospital to undergo induction of labor. Plaintiff’s counsel argued that the labor and delivery of the plaintiff-mother was mismanaged by the obstetrician and the nurses. It was also alleged that the hospital nursing staff negligently failed to anticipate a shoulder dystocia and negligently utilized various maneuvers at the time of delivery to relieve the impacted shoulder. Plaintiff alleged that not only did the child suffer a brachial plexus injury, but that the child developed brain damage as a result of what transpired during delivery.
In support of the motion to dismiss, HPM&B argued that the nursing staff of the hospital acted pursuant to the standard of care, and followed the directions of the patient’s private attending physician. In addition, HPM&B argued that the child was appropriately resuscitated and that the child’s alleged brain damage was not the result of a birth related incident. Judge Brands of the Supreme Court, Dutchess County, granted the motion for Summary Judgment.
HPM&B Partner Vincent L. Gallo, Jr., represented defendant Hospital.