Family Recovers $3 Million for Death of Infant

Published

The Marasco & Nesselbush team recently achieved a $3 Million recovery for the family of an infant who passed away due to medical negligence.

Our client and her partner were expecting their first child together. Both were extremely excited about the new addition to their family. In the weeks leading up to delivery, our client presented for ultrasound and assessments twice a week at her obstetrical clinic. The baby was growing and developing in the womb as expected.

At her last regularly scheduled physical exam her doctor determined that her baby needed to be delivered that day and sent her by ambulance to the hospital. Our client left the doctor’s office with an understanding that the baby was to be delivered promptly by Cesarian Section. Unfortunately, this did not occur. Instead, the physicians, residents, and staff at the hospital negligently failed to perform a C-section in a timely manner, and our client did not undergo a C-section until after the baby had suffered a severe brain injury. At birth, the baby was not breathing; after resuscitation, the child underwent freezing protocol in a desperate attempt to lessen the severity of the brain damage. Each day the family stayed close and prayed for his survival. After remaining on life support for twenty-five days, the infant passed away. A medical professional and friend referred the family to our firm.

Partner, Joseph Marasco, attorney Jane Duket, senior trial counsel, Mark Grimm, and paralegals Sara Squillace and Lisa Hanlon went to work completing a full analysis of our client’s medical timeline to determine if there was negligence in the events leading up to the C-section. Fetal monitoring strips and medical notes demonstrated that our client should have undergone a C-section at a much earlier time. Nonetheless, it took twelve hours for the doctors to perform a C-section. As our well-credentialed experts explained, had our client properly undergone the procedure promptly, the baby would not have experienced a brain injury and would have been born happy and healthy.

The case was settled through intense mediation after the Marasco & Nesselbush team had gathered overwhelming evidence and experts to demonstrate that the medical care did not meet accepted standards.

No amount of money can compensate a family for the loss of a loved one, but we hope that by achieving these results we are holding individuals and institutions accountable for their negligent actions. We believe that our vigilance on behalf of this family will lead to a safer and more accountable healthcare system.