Summary Judgment in Neurologically Impaired Infant Case

Summary Judgment in Neurologically Impaired Infant Case

Senior Trial Partner Daniel Freidlin and Partner Anthony Chionchio obtained Summary Judgment in a neurologically impaired infant case. This case involved a then 34-year-old woman who alleged that our client obstetrician/gynecologist failed to timely suspect a placental abruption and deliver the infant.  Plaintiff alleged that the delay in delivery resulted in maternal hemorrhage with resultant decreased perfusion to the fetus resulting in cerebral palsy.  MCB moved for summary judgment arguing that our client appropriately instructed the patient to present to the hospital when she called him in the middle of the night reporting vaginal bleeding.  She was stable in the hospital but then developed acute hemorrhage.  The hospital resident called our client to report the change in status.  We argued that our client appropriately instructed the resident obstetrician that he was on his way to the hospital but in the interim to get the operating room ready, start an IV, draw blood, as well as notify anesthesia, neonatology and the house attending of a possible emergent delivery.  On arrival, he evaluated the patient and delivered the baby within twenty minutes.  Critical to the defense was his deposition testimony that on arrival, the fetal status was reassuring and that the emergent delivery was to prevent the mother from bleeding to death. Further, arterial blood gases at delivery proved that there was no evidence ofa hypoxic-ischemic injury.  Plaintiff was unable to overcome our arguments and Judge McCarthy granted our motion for summary judgment.