Senior Trial Partner Christopher A. Terzian and Partner Fiachra P. Moody achieved a remarkable discontinuance in Supreme Court, Westchester County of allegations against MCB's client a neonatology doctor of a failure to timely and properly treat respiratory distress in an extremely premature baby born at 27 weeks gestation, which plaintiffs claimed caused brain damage and chronic lung disease. The infant plaintiff experienced brain bleeding on day 2 of life and developed bronchopulmonary dysplasia which has become chronic lung disease. The now 14-year-old male infant plaintiff has cognitive, respiratory, and neurologic impairments, which Mr. Terzian and MCB's experts contended were due to his extremely premature birth. Prior to jury selection, Mr. Terzian and Mr. Moody successfully moved to limit the scope of the allegations to preclude plaintiffs' counsel from arguing infant plaintiff's deficits were due to MCB's client’s purported failure to treat the baby at birth for hyperoxia and hypothermia. Mr. Terzian was prepared to argue at trial that MCB's client successfully and timely treated infant plaintiff 's immature lungs and respiratory distress with surfactant, based on the NICU records of the baby at the tertiary care hospital where he was transferred within 4 hours after his birth at the codefendant local community hospital. Plaintiffs' counsel had demanded $6 million to settle the case against all three defendants. Mr. Terzian and his client refused to negotiate a settlement. After the codefendant hospital settled for $750,000,plaintiffs' counsel unexpectedly discontinued her claims against the codefendant obstetrician and MCB's client neonatologist.