The results of a 1996 trial in which a New York City jury in Manhattan awarded significant compensation to the victim of doctor medical malpractice resulting in birth injury are still relevant to this day, as birth injury medical malpractice continues to plague mothers and their babies in New York City. According to the New York Times, the media outlet that initially reported on the New York City medical malpractice case at the time of the jury verdict, in January 1996, a Manhattan jury awarded Jan Goldberg of New Milford, New Jersey, a whopping $43 million in the lawsuit that she brought after her child suffered disabling birth injuries at the hands of her labor and delivery doctors. The lawsuit contended that in 1988, when Goldberg was 39 years old, she was pregnant with her seventh child, Christopher Goldberg. At the time that she was pregnant with Christopher, Ms. Goldberg also learned that she had an abnormal pap smear, revealing a precancerous condition that required “close follow-up, but not immediate treatment.” Ms. Goldberg continued to be tested by her doctors at the Health Insurance Plan of New Jersey, but after a pap smear showed that she may have developed a more serious localized cervical cancer, she was referred to Dr. Robert C. Wallach and the Beth Israel hospital. Dr. Wallach advised that Ms. Goldberg needed to have a Cesarean section over three weeks before her due date, with the plan that the surgeons operating on her could deliver the baby at the same time as removing the potentially cancerous cervix, uterus, and ovaries.
Ms. Goldberg’s baby, Christopher, was, ultimately, born on March 4, 1989, but he was born “small” and “developed severe breathing difficulties shortly after birth, depriving his brain of oxygen and leaving him severely impaired. At 7, he has the developmental age of a 3- or 4-year-old”. Christopher was required to be placed into “special education classes” and to walk using braces. Christopher was not “fully toilet trained”, meaning he would live a life not fully-independent. Ms. Goldberg’s medical malpractice lawsuit alleged that Dr. Wallach’s “aggressive” delivery of the baby had led to the baby’s birth injuries, and that he failed to get informed consent for the procedures.
In the end, a jury of six women found in favor of Goldberg and awarded $43 million in the medical malpractice lawsuit. Beth Israel announced it would appeal.
If you were injured by a doctor’s medical malpractice in New York City, do not hesitate to speak with an experienced New York City medical malpractice lawyer about your rights and options as soon as possible. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. are here to help victims of medical malpractice get justice. Contact the law firm of Michael Gunzburg, P.C. and speak with an experienced New York City medical malpractice lawyer about your rights and options under New York medical malpractice laws now.
Source:
nytimes.com/1996/01/13/nyregion/43-million-award-in-malpractice-suit.html