Intrauterine Growth Restriction Court Case Results in $1.5M+ Settlement

MINEOLA, N.Y. - Feb. 16, 2022 - PRLog -- This Medical Malpractice case brought on behalf of an infant settles against the United States of America for more than $1.5M.

The case involved negligent prenatal care and treatment of Intrauterine Growth Restriction at a Federally funded clinic located at Lutheran Medical Center in Brooklyn, NY.

Intrauterine Growth Restriction, also known as IUGR, is a condition in which a baby doesn't grow to a normal weight during pregnancy. It can be caused by placental abnormalities, high blood pressure in the mother, infections, smoking or alcohol abuse. IUGR babies are born weighing less than 90 percent of other babies at the same gestational age, and they often suffer from developmental delays.

Ultrasounds during pregnancy help to monitor a baby's weight. Depending on the results, the baby may need to be delivered early. Early diagnosis and delivery is essential as most IUGR babies experience catch-up growth after delivery, with the majority achieving full catch-up by age 2.

In this case, the physicians and providers at this federally funded clinic, located within a major metropolitan area hospital, failed to properly monitor the mother and infant, in utero, or deliver the infant in a timely manner so that she could properly develop outside of the womb.  As a result, the child suffered from developmental delays.

In addition to the monetary award, the settlement includes the payment of medical care for life for the child, for the treatment of any injuries related to the claim.

Many people, and even attorneys, are unaware of the significance of receiving care at a federally funded clinic when it comes to commencing a medical malpractice case. The doctors in these clinics often wear multiple hats – maintaining their own practice while also seeing patients in the clinic. If treatment occurs outside of the clinic setting (which could be simply a different office in the same hospital), the doctors can be sued individually in State Court. However, if the negligent care or treatment takes place within the federally funded clinic, the United States of America is the appropriate party to any lawsuit and a claim must be filed under the Federal Tort Claims Act. The failure to timely file a claim under the Federal Tort Claims Act can be fatal a case. Therefore, it is important to consult with an attorney experienced in handling these claims.

If you or a loved one was the victim of medical, hospital or nursing home negligence, or any other personal injury matter, feel free to contact Gregory S. Gennarelli, LLC at 347-921-1950.

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