The Turkewitz Law Firm
New York Personal Injury Attorney ♦ Medical Malpractice ♦ Trial Lawyer
Serving Manhattan, Bronx, Brooklyn, Queens, Staten Island, Rockland, Dutchess, Westchester, Nassau & Suffolk Counties
228 E. 45 St., 17th Floor
New York, NY 10017
Phone: (212) 983-5900
Bronx Medical Malpractice – Brain Damage of Mother During Childbirth and Subsequent Death
Settlement: $7.0M Settlement for mother
$8.0 Settlement for baby
Case: V.W. v. Bronx Lebanon Hospital and several doctors
This medical malpractice case involved brain damage during childbirth to both the mother and the baby. The baby was institutionalized. The mother died almost six years later as a result of her injuries.
Eric Turkewitz of the Turkewitz Law Firm represented the mother.
Dom Penson of Barasch McGarry Salzman & Penson represented the baby.
The mother was admitted to Bronx Lebanon Hospital on December 18, 2006 as a high-risk pregnancy due to high blood pressure (preeclampsia). She was 30 weeks pregnant at the time.
The treatment for preeclampsia is to deliver the baby.
The hospital, however, via a number of different doctors that were treating her, instead delayed the delivery, even when signs of fetal distress occurred. The hospital delayed further even after a “stat” c-section was ordered.
After the baby was surgically removed via c-section, the mother’s anesthesia prematurely wore off. The anesthesiologist attempted to establish an airway for the mother via intubation. But the surgeon testified that the mother’s abdomen filled with air, an indication that she had not been properly intubated, and that the improper intubation was not promptly recognized by the anesthesiologist. The mother subsequently coded twice, and was left profoundly brain damaged.
The baby alleged that she too was brain damaged as a result of the failure to promptly deliver.
The mother was institutionalized thereafter and died in September 2012.
The damages argued were for:
The mother’s settlement was paid by the hospital and the anesthesiologist.
Complicating Issues in the Litigation:
At one point or another, the details of this matter were heard in the following courts: Supreme Court, Surrogates Court, Family Court and the Appellate Division.
Other matters of brain injuries that this office has handled are here: