Elizabeth Montesano, Esq. Secures $7 Million Settlement for 26-Year-Old Mother and Infant Plaintiff

Elizabeth Montesano, Esq. secured a $7 million settlement on behalf of a 26-year-old mother and infant plaintiff. On January 25, 2018, the plaintiff was admitted to a Hospital in Brooklyn for labor and delivery. Her care team included an Attending Physician who had already resigned from the hospital and whose medical board certification was set to lapse in August 2018, an Obstetrical Safety Officer responsible for monitoring fetal heart tracings and escalation, and a second-year Resident Physician.

At 2:00 a.m., the Resident Physician initiated pushing with the baby at a +1 station, despite prolonged late decelerations in the fetal heart tracings. The team opted to wait for further descent. Pushing resumed at 3:45 a.m. but failed to progress, with the baby showing repetitive decelerations, prolonged decelerations, fetal tachycardia, loss of variability, and overall non-reassurance. At 3:48 a.m., a six-minute deceleration to 90 beats per minute was noted, followed by more distress.

At 5:00 a.m., a vacuum delivery was attempted for 30 minutes, involving eight pulls, three machines, and multiple pop-offs, all unsuccessful. An emergency C-section was finally called at 5:35 a.m. The baby was delivered limp, cyanotic, and required resuscitation, intubation, and ventilation, with significant head injuries including a large hematoma, bruises, and cuts. The mother sustained lacerations to the vagina, labia, and perineum from the vacuum attempts.

The delays in delivery exposed the baby to a hypoxic intrauterine environment, resulting in serious and permanent injuries. The defendants departed from standard medical practices by failing to timely perform a C-section despite arrest of descent, severe fetal distress, and non-reassurance. Their prolonged vacuum attempts further delayed the delivery, exacerbating harm to both mother and baby.

Learn More About Firm Member Elizabeth Montesano

Elizabeth Montesano, a member of the firm, is a vigorous advocate on behalf of people injured due to medical malpractice. Ms. Montesano has a deep commitment, compassion and dedication to her clients who have been victims of medical malpractice and suffered grave injuries due to carelessness and negligence. To learn more about Firm Member Elizabeth Montesano, click here.