Victoria Upsey, a pregnant 34-year old single mother, went to a Philadelphia hospital three years ago experiencing complications with her pregnancy. Upon checking in to the hospital, Ms. Upsey was examined by a physician without the assistance of a trained ultrasound technician. The physician initially concluded that the baby had already died. A little over one hour later, another ultrasound was performed during which it was determined that the baby was not in fact dead. The complications were in fact causing the unborn child to be deprived of oxygen. After the second ultrasound, Ms. Upsey was rushed into cesarean surgery and the child was born with cerebral palsy.
New York birth injury attorneys reached a settlement agreement in a birth injury lawsuit for an amount of $4,320,000. The claim alleged defendants failed to deliver the injured infant in a timely manner, resulting in serious birth injuries.