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$5.1 Million Medical Malpractice Settlement

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The birth injury attorneys at the Law Office of Richard M. Kenny succeeded in securing a $5.1 million settlement on the behalf of the parents of a child who suffered birth injuries due to medical negligence. The child, who will never know life apart from brain damage, suffered deprivation of oxygen during a traumatic delivery in which the doctor’s failure to recognize and respond to fetal distress in a timely manner.

Traumatic delivery is one in which either the mother or, in this case, the infant suffers damage to tissues and organs as a result of physical trauma during childbirth. The firm’s clients filed the medical malpractice case against the doctors after their child was subjected to birth trauma with lasting injuries because the doctor’s ignored clear signs of fetal distress.

The deprivation of oxygen at any point in delivery or even during pregnancy can cause severe brain damage which affects the infant’s physical development and neurological health. In this case, there had been ominous signs of distress due to oxygen deprivation, demonstrated through reports of decelerations in a fetal heartbeat. These signs were determined to be recognizable by any reasonably careful doctor in similar situations. Expert testimonies on this fact served to implicate the defendants as medically negligent for their failure to recognize and respond to the distress by ordering an emergency Caesarean section, which would have prevented the infant’s injuries.

Brain damage at such a young age requires special medical attention and prolonged treatment. Because of the infancy of the child, the child’s treatment may last an entire lifetime. When calculated, this cost was estimated to be substantial. The attorneys from our firm were committed to providing the parents of the injured child with the means of obtaining the excellent medical treatment their child deserved. According to firm attorney James Lundy, who served on the case, “It was an honor to achieve this recovery, which ensures that every lifetime need of this child would be met.”

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Whether you need a Bronx car accident lawyer, birth injury lawyer, construction accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped hundreds of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.


If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.


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