Daryl L. Zaslow Obtains Recovery Valued at $26,952,301 – $37,150,273 in NJ Birth Injury Case
Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP obtained a $17,000,000 settlement on behalf of a 4-year-old girl with hypoxic ischemic encephalopathy and her family. A portion of the settlement is being used to purchase annuities, which will result in guaranteed total payments to the Plaintiffs of $18,502,301, and anticipated payments to the Plaintiffs of $28,700,273, making the total value of the settlement between $26,952,301 – $37,150,273. This settlement appears to be the largest settlement ever reported in a birth injury case venued in New Jersey.
The terms of the settlement were approved by The Honorable James Den Uyl, J.S.C. on January 3, 2025. The case was settled following three days of mediation before The Honorable Joseph P. Quinn, J.S.C. (Ret.) that spanned over 5 months. Mr. Zaslow was assisted in the litigation by his partner, Frances Wang Deveney, Esq.
The infant Plaintiff’s mother was 32 years old when she became pregnant in 2019. During her prenatal care, fetal ultrasounds and a prenatal MRI diagnosed a problem with the mother’s placenta called Placenta Percreta, a form of Placenta Accreta Spectrum (“PAS”). Mr. Zaslow’s client sought treatment for this condition from a maternal fetal medicine specialist at a major hospital in New Jersey.
There is a high risk of life-threatening hemorrhage associated with Placenta Percreta as the placenta invades through the uterine wall and is adhered to or penetrates the bladder. Mr. Zaslow and his experts argued that to reduce the risks associated with this insidious condition, patients with Placenta Accreta Spectrum should be delivered via a planned Cesarean section between 34w0d and 35w6d gestation. The defense argued that stable patients with this condition can be delivered into their 37th week, especially if the patient, like this mother, does not have placenta previa. The defense further contested that the mother was an active participant in scheduling her delivery and, therefore, her Cesarean section delivery was scheduled to be performed on March 11, 2020, in her 37th week gestation.
Tragically, on March 8, 2020, the mom sustained a massive uterine rupture and placenta abruption which required an emergency Cesarean section. The infant was deprived of oxygen inutero; she sustained profound hypoxic ischemic encephalopathy and has been diagnosed with cerebral palsy. The mother required multiple transfusions and was admitted to the ICU following her uterine rupture, complete placental abruption and massive hemoperitoneum.
Mr. Zaslow consulted 22 experts in this case and served expert reports authored by 15 different experts. He stated, “Although the numerous experts were necessary, throughout the litigation I argued that is case was unlike most traditional birth injury cases that involve extraordinarily complex medical issues, including the interpretation of fetal heart rate tracings, infection, neuroradiology and genetics. I was steadfast in my argument that, as complex as the medicine surrounding Placenta Accreta Spectrum may be, this case really boiled down to a scheduling error.”
“Although this case was vociferously disputed on the issue of liability, everyone involved was acutely aware of the devastating damages sustained by the infant, her parents and their entire family. My client is a beautiful little girl who cannot talk or walk; she requires assistance with all activities of daily living, and she will never be able to protect or care for herself. Clearly no amount of money can turn back the clock and erase the damages. However, in the end, it was commendable to see the defense recognize the uniqueness of this case and ultimately take care of this child financially,” said Daryl L. Zaslow.