S.U. v New York Univ. Langone Med. Ctr.

S.U. v New York Univ. Langone Med. Ctr.

Opinion

 [*1028]   [**838]  Judith Reeves McMahon, J.

The following e-filed documents, listed by NYSCEF document number (Motion 007) 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 227, 228, 229, 230, 231

were read on this motion to/forMISCELLANEOUS.

Defendant New York University Langone Medical Center ("NYU" and/or "Defendant") moves this Court for an Order holding that the Infant-Plaintiff S.U. ("S.U." or "Infant-Plaintiff") is a "qualified plaintiff" who has suffered a "birth-related neurological injury" under Public Health Law § 2999-h and is therefore eligible for enrollment in the New York State Medical Indemnity Fund ("the Fund" or "the MIF"). The Court hereby grants the Motion.

This Action involves allegations of medical malpractice and negligence regarding the counseling, evaluation and treatment of feeding problems of S.U., who was born at NYU in 2011. S.U. was born a full term healthy male baby, weighing 6 lbs. 1 ounce with Apgar scores of 4, 9 and 9 at one, five and ten minutes, respectively. S.U.'s Mother, Plaintiff M.A. ("M.A.") testified that she wanted [***2]  to breastfeed her son but needed the nurses to help get S.U. to latch on while breastfeeding. M.A. testified she requested formula supplementation during S.U.'s two-night stay in the newborn nursery. M.A. declined to attend a breastfeeding class and testified she was still having trouble getting S.U. to latch on when she was discharged from NYU. According to M.A., she was not taught how to express milk or about using a breast pump at the time of discharge.¹ M.A. testified that while at NYU, S.U. was "very alert" but had dry lips.  [*1029]  S.U.'s father, Plaintiff M.U. ("M.U."), testified that he noticed S.U.'s  [**839]  dry lips on the morning of March 1st before S.U. and M.A. were discharged from the hospital. The record also contains photographs of S.U. with dry and peeling lips prior to his discharge.

After M.A. and S.U. were discharged from NYU on March 1st at approximately 11 AM, M.A. breastfed S.U. "for a little" after he began crying and became uncontrollable. S.U. calmed down and fell asleep after M.U. gave him a pacifier. M.A. and M.U. then drove for an hour with S.U. to visit a friend's house for lunch. S.U. did not eat during this visit and slept for most of the time. After Plaintiffs arrived [***3]  back home at 3 PM, M.A. breastfed S.U. for fifteen minutes before they fell asleep. When S.U. woke from his nap, M.A. observed "red powdery stuff" in his diaper and M.U. put some water on S.U.'s lips after he noticed that they were dry.

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