Senior Trial Partner Kenneth Larywon and Partner Jason Kaufman obtained Summary Judgment in a case involving a brain damaged infant. This case involved the prenatal, delivery and post-delivery care and treatment of the infant-plaintiff. By history, plaintiff-mother had received prenatal care from co-defendant private ob/gyn. During the prenatal period, the plaintiff-mother had been referred to an MFM, secondary to her diabetes and history of preeclampsia. During the prenatal period, the amniotic fluid level was found to be low, and the mother was referred to our client hospital for monitoring. However, she was ultimately discharged and she thereafter continued to follow with both defendant doctors. On January 6, 2015, the mother presented to the defendant doctor’s office for a scheduled visit – and at that time, made complaints of headaches, vomiting and dizziness. She was then referred to the our client hospital’s L&D Unit and she subsequently underwent a C-section without incident. The infant was delivered and transferred to the MICU.
MCB moved for Summary Judgment on causation and standard of care grounds. In support of our motion, MCB submitted the expert affirmations of an MFM physician and Pediatric Neurologist. MCB argued that there was no evidence of an neurological event in utero, and that the standard of care was met at all times during the pre-natal period with respect to management of the plaintiff's low amniotic fluid.
On the eve plaintiff's opposition was due, they filed a correspondence with the Court indicating they would not be opposing our client hospital’s Motion for Summary Judgment. Opposition was filed against some of the remaining defendants.