C-Section Delay Leads to $12,800,000 Award

Publication:The National Law Journal
Attorney(s):Judith A. Livingston
Practice Area(s):Medical Malpractice
Summary:A Manhattan jury awarded Louis Acevedo $12.8 million for his severe mental retardation caused by doctors' errors during his birth. Judith Livingston represented Louis during the trial.

Louis' mother, Norma Rodriguez, went to the hospital already 23 days past her due date. There were indications that the baby was in distress, Ms. Livingston said in the National Law Review article. Doctors should have ordered an emergency Cesarean delivery. Instead Ms. Rodriguez was given Pitocin, a drug that induces labor. Still, labor did not progress, and Louis was not delivered by Cesarean section until several hours later. "By then, permanent damage had already been done," Ms. Livingston said. "His head was severely molded and swollen, and his skin was cracked and leathery." Ms. Livingston also said that the hospital tried to cover up evidence by claiming that some records were unavailable.