NY Medical Malpractice Attorney Report: Infant Awarded $77 Million In Birth Injury Lawsuit In New York County

Diego Baizan, an infant, filed a medical malpractice lawsuit in New York County through his parents for the alleged failure of an OBGYN and staff at St. John’s Riverside Hospital to properly monitor the fetal heart rate and perform a timely Caesarean section. Diego is now 3 years old and suffers from Cerebral Palsy. Dr. Shahram Razman, the OBGYN involved in the delivery, settled the matter pre-suit for $2.1 million. The case proceeded against St. John’s Hospital.

The NY jury returned a verdict in favor of the infant-plaintiff for a total of $77 million ($3,000,000 Personal Injury: Past Pain And Suffering; $6,132,880 Personal Injury: future medical cost (68 years); $40,190,509 Personal Injury: future cost of custodial and residential care (68 years); $3,184,960 Personal Injury: future cost of rehabilitation (18 years); $20,000,000 Personal Injury: future pain and suffering (68 years); $4,910,321 Personal Injury: future lost earnings (38 years))

The plaintiffs’ claimed that nursing staff at the hospital ignored signs of fetal distress, which resulted in a delay of almost an hour before commencing a vaginal delivery. Plaintiffs further contended that as a result of the delay, Diego sustained a hypoxic event that caused brain damage. During the first few hours of his life, he suffered seizures and the administration of oxygen was required.

Defense counsel for the hospital and hospital experts argued that Diego’s injuries occurred prior to his mother’s arrival at the hospital. The hospital has moved to reduce or set aside the verdict.

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