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$1.3M Malpractice Award For 6-Year-Old

Jury finds obstetrician caused her birth defects with an improper delivery

Mar 19, 2005 | Staten Island Advocate
baby with a birth defect

The Method Used By A Doctor To Deliver Her Was Responsible For Causing A Birth Defect.

A Rosebank couple's 6-year-old daughter was awarded $1.3 million yesterday in a medical malpractice lawsuit after a jury found that the method used by a doctor to deliver her was responsible for causing a birth defect.

The young girl, who suffers from Erb's palsy, was awarded $200,000 for past pain and suffering, $1 million for future use and $100,000 for future medical expenses, said the plaintiff's attorney.

The settlement will allow Carmine and Stacey Losurdo's only child "the opportunity to get the best medical and therapeutic care and protect her in the future, one of parent's attorney's told the Advocate.

The money will be available to the Losurdos' daughter for certain medical expenses, he explained, but otherwise she will not personally be able to use the funds until she turns 18.

The case, which lasted three weeks, was decided in state Supreme Court, St. George, with Justice Philip G. Minardo presiding.

There Had Been No Offers Of Settlement.

The jury had deliberated since Wednesday. Throughout the case there had been no offers of settlement.

According to court documents, during a vacuum extraction delivery, Dr. Francis X. Martingano, of Women's Healthcare Specialist Medical Practice, Annadale, improperly delivered the Losurdos' daughter from an internal location higher than usual for a vaginal childbirth.

In the procedure, a vacuum extractor device is placed on the infant's head to help remove it from the uterus.

The infant's left shoulder was impacted, causing irreversible damage to the nerves controlling the muscles in her left arm and hand, a condition known as Erb's palsy, according to one of the family's attorneys.

"There is such promise with a birth, and to have it taken away from you is a hardship," said a family lawyer "We have always maintained that this [injury] could've been avoided, if there was reasonable and customary care."

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