$8 Million Settlement Reached in Kings County Birth Injury Case

By Amy Hill

Published on November 22, 2006

The obstetrical malpractice suit was filed in Kings County, New York, and involved a child who now lives with untreatable seizures due to brain damage sustained during delivery. Allan Zelikovic, the head of the medical malpractice unit at Weitz & Luxenberg, represented the parents in the case.

During the mother’s labor, a hospital resident noticed that the baby was faced the wrong way, head first, indicating that a caesarian section was necessary. Her concerns were dismissed by the attending physician who insisted that the baby be born “naturally.”

As a result of the negligent actions of the attending physician, the baby was born face-first, causing facial abrasions, blunt force trauma, and oxygen deprivation. After delivery, it was indicated that the baby’s neurological functioning had been compromised.

The child now suffers from intractable seizure disorder, a condition causing seizures that are not treatable with medication. The $8 million settlement will help the baby’s young parents cover the cost of lifelong medical care and support.

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