Supreme Court, Ulster County

The plaintiff alleged that hospital staff committed malpractice by failing to provide necessary emergency treatment for a newborn who ultimately was diagnosed with extensive brain damage, developmental delays and severe seizure disorder. The plaintiff specifically claimed that hospital staff failed to timely and correctly treat the newborn’s low blood oxygen levels and low blood sugar levels after delivery of the baby. The defense position was that the brain damage occurred in utero and that the hypoxia, which was related to persistent pulmonary hypertension of the newborn, was identified and treated promptly. The defense also asserted that hospital staff promptly and appropriately treated the hypoglycemia.

Result : Defense verdict on liability with respect to the hypoxia and on causation with respect to the hypoglycemia.
Defense Attorney : For the hospital: Robert Irving Miller.
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