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Defense Verdict in an Extreme Premature Neurologic Infant Case

January 14, 2015

Senior partner, Bruce G. Habian, obtained a unanimous defense verdict in New York County in a case where plaintiff claimed improper obstetrical management involving a 24 – 25-week extreme premature fetus. There were allegations of ominous fetal heart tracings, and significant head bleeds that were related to oxygen deprivation. The defense capitalized on excellent umbilical cord gases that supported the issue of proper oxygenation levels. In addition, early gestation neuro anatomy provided evidence of immature brain structure at risk for hemorrhage – all related to neonatal morbidity and permanent disabilities. A full complement of maternal/fetal, neonatal and pediatric neurology experts were produced by the defense given the sophisticated subject matter. Partner, Kevin P McManus, assisted with extensive pre-trial preparation.

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