Settlement
Result: $2.75 Million – Medical Malpractice
Joseph W. Balesteri
Kathryn L. Conway
(2022) Medical Malpractice: Plaintiff tried unsuccessfully to have a child for years and eventually at the age of 45 was able to reach term. During labor, the defendant obstetrician who was also pregnant went to rest while the fetal heart tracings were indeterminant after speaking to an obstetrical resident. Upon returning to the bedside 4 hours later, an elective c-section due to failure to progress was recommended. At birth about an hour later, the newborn was significantly depressed with blood gases and Apgars revealing metabolic acidosis resulting in his death. Upon review of the fetal heart tracings, while the obstetrician was resting and while mom was under the care of a labor and delivery nurse, the strips revealed recurrent variable decelerations requiring communication and expedited delivery. Decedent is survived by his mom and dad. Joseph W. Balesteri as lead counsel, with the assistance of Kathryn L. Conway.