Medical Malpractice
Infant's cerebral palsy due to slow OB/GYN, suit alleged
| (P) $77,418,670.00 | |
| Failure to Monitor, Medical Malpractice - Delayed Treatment, Medical Malpractice - Childbirth, Medical Malpractice - Cerebral Palsy, Medical Malpractice - Birth Injury, Medical Malpractice - OB-GYN | |
| Diego Baizan, an infant by his m/n/g Mariana Mejia Baizan and Mariana Mejia Baizan, Individually v. St. John's Riverside Hospital and Shahram Razmzan, M.D., No. 747/07 | |
| Westchester Supreme, NY | |
| Joan B. Lefkowitz |
|
| 05-08-2009 |
- Randy B. Nassau; Fitzgerald & Fitzgerald; Yonkers, NY, for Diego Baizan
- Joseph Carfi M.D.; Physical Rehabilitation; Great Neck, NY called by: Randy Nassau
- Michael Soudry M.B.A.; Economics; New York, NY called by: Randy Nassau
- Daniel Adler M.D.; Pediatric Neurology; Ridgewood, NJ called by: Randy Nassau
- Jeffrey Koren M.D.; OB-GYN -- See also Gynecology; Tampa, FL called by: Randy Nassau
- Frank J. Carollo; Rende, Ryan & Downes L.L.P.; White Plains, NY, for St. John's Riverside Hospital, Shahram Razman
- Virginia Anderson M.D.; Pediatric Pathology; Brooklyn, NY called by: Frank Carollo
- Thomas Murray M.D.; OB-GYN -- See also Gynecology; Poughkeepsie, NY called by: Frank Carollo
- Medical Liability Mutual Insurance Co. for Razman
On Feb. 16, 2006, plaintiff Diego Baizan was born. The delivery was performed by obstetrician/gynecologist Dr. Shahram Razman, at St. John's Riverside Hospital, in Yonkers.
Diego's birth concluded a relatively short delivery process. During the hour that preceded 7 p.m., his mother, Mariana Baizan, presented to the hospital. At about 7:54 p.m., Mariana Baizan was attached to an external electronic device that monitored the fetus's heartbeat. The monitor's initial readings indicated that Diego's heart was generating more than 160 beats per minute. Such a rate is slightly faster than the typical rate. The monitor also indicated decreasing variability of the heart's rate. The readings were deemed nonreactive, which may be indicative of a potential problem.
At about 8 p.m., Razman noted that Baizan's cervical dilation measured about 6 centimeters. The cervix was fully effaced. Diego's head was detected in the zero station, which is an area above the entrance of the birth canal.
At about 8:20 p.m., Baizan's cervical dilation measured about 8.5 centimeters. Doctors recorded a prolonged deceleration of the rate of the fetus's heartbeat. As a result, Diego's heart was generating about 90 beats per minute. Such a rate is much slower than the normal rate of a fetus' heart. The monitor continued to indicate decreasing variability of the heart's rate, and its readings were deemed nonreassuring.
At about 8:40 p.m., Razman determined that Baizan's cervix was fully dilated. He ruptured her amniotic membrane, and meconium was observed. Although meconium is frequently detected during labor, it occasionally indicates that the fetus is suffering distress. The delivery commenced, and Diego was born at 9:03 p.m. Doctors soon determined that Diego had sustained a hypoxic event that caused damage of his brain. As a result, the child suffers cerebral palsy. Baizan claimed that the hypoxic event could have been detected and addressed before significant damage occurred.
Baizan, acting individually and as Diego's parent and natural guardian, sued Razman and St. John's Riverside Hospital. The plaintiffs alleged that Razman and the hospital's staff failed to timely monitor and deliver Diego. They further alleged that those failures constituted malpractice.
The plaintiffs and Razman negotiated a $2.1 million pretrial settlement. The matter proceeded to a trial against St. John's Riverside Hospital.
Plaintiffs' counsel claimed that Diego's hypoxia began after his mother arrived at the hospital. She contended that the fetus's heart was not promptly monitored, and she argued that the hypoxic event could have begun before the monitoring had begun. She further argued that a Caesarean delivery should have commenced at about 8 p.m., when the monitor's first nonreactive readings were observed. She claimed that those readings were clear indicators of fetal distress. She argued that a prompt Caesarean delivery would have prevented Diego's residual injuries.
The plaintiffs' medical experts agreed that the monitor's readings suggested that Diego was not receiving sufficient oxygen. They contended that an immediate response was warranted, and they opined that every lost minute compounded Diego's injuries.
Defense counsel contended that pathological findings indicated that Diego's hypoxic event preceded his mother's arrival at the hospital. He also contended that the hospital's staff appropriately monitored Diego, and he claimed that the monitor's readings did not suggest that an earlier delivery was necessary. He claimed that an expeditious vaginal delivery presented less risk than a Caesarean delivery would have presented.
Diego sustained a hypoxic event that caused damage of his brain. During the first few hours of his life, he suffered seizures. He also required the administration of oxygen.
Diego suffers cerebral palsy, cortical impairment of his vision, impairment of his speech and delays of his mental development. His nourishment is delivered via a gastric tube, and he requires around-the-clock assistance of all of his activities. His weekly regimen includes multiple sessions of occupational therapy, physical therapy and therapy that addresses his speech. Plaintiffs' counsel contended that Diego will not obtain employment, that he will not complete high school and that he will always require constant residential assistance.
Diego's mother sought recovery of Diego's future medical expenses, the cost of his future custodial and residential care, the cost of his future rehabilitation, his future lost earnings, and damages for his past and future pain and suffering. She also presented a derivative claim.
Defense counsel maintained that Diego's injuries preceded his mother's arrival at the hospital.
The jury found that the hospital was liable for Diego's injuries. It determined that Diego's damages totaled $77,418,670.
Diego Baizan
$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)
Defense counsel has moved to reduce or set aside the damages awards.
This report is based on information that was provided by plaintiffs' and defense counsel.
