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Christopher Nyberg and Bradley Zimmerman represented a family who tragically lost their newborn baby two days after birth as a result of the hospital staff performing numerous unsuccessful intubations attempts and causing an iatrogenic pneumothorax (collapsed lung), which led to her inability to breathe.
Our client presented to the hospital at just over 27 weeks, and her baby was successfully and safely delivered via C-section a few days after she arrived at the hospital. Because the baby was delivered prematurely, the baby was transferred to the NICU. Both parents frequently visited the NICU to check on their newborn baby, and over the next two days, they were both repeatedly told that their baby was doing well.
While in the NICU, the baby was successfully intubated in order to administer a medication designed was to facilitate respiration and lung development in premature babies. However, during the second night in the NICU, the baby began to experience an increased respiratory rate and then required a second dose of the medication to facilitate lung development, which requires intubation to administer.
The pediatric cardiologist who was overseeing the NICU informed the on-call neonatologist that the baby required intubation in order to receive the medication, however pediatric cardiologist assured the neonatologist that they felt comfortable performing the procedure. However, the pediatric cardiologist delayed the intubation and then had to attempt to intubate the baby several times and was unsuccessful each time, ultimately causing a pneumothorax and severe trauma to the child who was already at a delicate state.
Alarmingly, despite being aware that the intubation did not immediately go as planned, the on-call neonatologist did not attend to the baby until it was too late. By the time the neonatologist arrived, the baby’s skin was blue and purple and the baby’s oxygen saturation was severely below average. An x-ray revealed that the baby suffered a collapsed lung (pneumothorax), which was directly a result of the pediatric cardiologist’s unsuccessful intubation attempts.
Our clients tragically were not informed of their newborn baby’s declining condition until the baby was on death’s door, and unfortunately, by the time they reached the NICU, their baby had tragically passed away.
As a result of the work done by Christopher Nyberg as well as expert testimony from a neonatologist obtained by the Jacob Fuchsberg Law Firm, the case was remarkably settled prior to defendant depositions.
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