Gershon, Willoughby, and Getz

New Jersey Court Approves Eight Million Dollar Settlement for Child Injured by Medical Negligence at Birth


Baltimore, MD -- (SBWIRE) -- 01/13/2015 -- Today doctor-lawyer, Zev T. Gershon and nurse-lawyer Robin R. Smith of Gershon, Willoughby, Getz & Smith, LLC announced that on January 8, 2015 a New Jersey state court approved an $8,000,000.00 settlement on behalf of their client, a six year old child severely injured at birth due to medical negligence.

The action on behalf of the minor, filed against the University of Medicine & Dentistry of New Jersey and others, alleged that the child sustained cerebral palsy, mental retardation, disfigurement and incontinence because of negligence in the management of the labor and delivery that culminated in his birth.

"This child's brain damage was entirely preventable had the doctors followed standard medical practice," said the child's lawyer, Dr. Gershon. "Initially, labor proceeded normally and the baby was doing well. Unfortunately, the attending physician turned over the patient's care to residents, who failed to recognize a dramatic change in the fetal heart rate. The attending then failed to supervise his residents and monitor the patient. The fetus's deteriorating condition went unnoticed for hours while the attending slept and the fetus experienced prolonged oxygen deprivation to his brain," said Gershon.

Although damaged neurologically, the child is medically stable, and thus, is expected to live a normal lifespan if provided with proper care.

Upon approval of the settlement, the child's mother addressed Ms. Smith and stated, "Thank you Robin. You helped change [my son's] life forever and we really don't know how to thank you."

Of the settlement, co-counsel for the plaintiffs, Ms. Smith, stated, "This settlement assures that those who negligence injured this child, and not the taxpayers, will bear the burden for the costs of the extraordinary care he needs for the rest of his life."

Dr. Gershon added, "This $8,000,000.00 settlement also sounds an alarm to health care providers everywhere that the injured patient isn't the only one that pays a high price when health care providers fail to follow standard and safe medical practices. The court system exists to hold health care providers accountable when they ignore patient safety."

About Gershon, Willoughby, Getz & Smith, LLC
GWGS is a nationally recognized medical malpractice and cerebral palsy law firm, that includes doctor-lawyers who represent birth injured children in Maryland, the District of Columbia and throughout the United States on a pro hoc vice basis (with permission of the court).

To learn more, visit their website