Resolution Achieved in Premature Birth Case

Resolution Achieved in Premature Birth Case

Senior Trial Partner, Jacqueline D. Berger, and Partner, Victor M. Ivanoff, obtained a discontinuance in a case involving alleged negligent prenatal treatment and labor and delivery care resulting in a baby born extremely prematurely, at 23 weeks gestation. As to the co-defendant physicians, plaintiff claimed a cerclage was improperly performed, causing membrane rupture and the commencement of premature labor. As to MCB’s client, an obstetrician, plaintiff claimed a failure to appropriately resuscitate the infant during labor and a failure to deliver earlier via C-section in light of non-reassuring fetal monitoring strips. The infant developed intraventricular hemorrhages, respiratory distress syndrome, meningitis and brain damage. Plaintiff alleged that while many of these issues were from prematurity which was caused by the prenatal providers, our client contributed and/or exacerbated the injuries during the labor and delivery period. After aggressively defending our client at her deposition and up through settlement discussions, the case was settled by the prenatal providers only and a discontinuance, with prejudice, was secured on behalf of our obstetrician.