N.Y. Hospital to Pay $43,000,000 After Botching Delivery

Publication:The National Law Journal
Author:Jennifer Steinhauer
Attorney(s):Thomas A. Moore
Practice Area(s):Medical Malpractice
Summary:A Brooklyn jury awarded the mother of Naquan Santiago, a 10-year-old who has had cerebral palsy since birth, $43.94 million. Thomas Moore represented the boy.

Naquan's mother had gone to the hospital when she was 30 weeks pregnant. At that time, she was diagnosed as "having sustained a premature rupture of membranes," Mr. Moore was quoted saying in the National Law Journal article, "indicating that there would be a premature delivery and a greatly increased risk of infection to both the mother and the unborn baby."

The following day Naquan's mother received a diagnosis of an infection of her amniotic cavity. When she went into labor later that day, the baby's heart rate became irregular. Immediately, Mr. Moore contended, because of the fetal distress, a Cesarean section should have been ordered. The delay in the diagnosis of fetal distress, and the time lost by not ordering a Cesarean section right away, meant Naquan's brain was not getting oxygen and this caused his cerebral palsy.