On June 6, 2023, in an important victory for First Responders, Christian A. Fumuso obtained a defendants verdict after a three week trial in Suffolk County before Judge Joseph Santorelli. The case involved an incident wherein the defendant Paramedic and the defendant Suffolk County EMS crew were called to a home to assist a mother who was in the process of delivering a child. An obstetrical complication in the form of shoulder dystocia was observed by the Paramedic, an unsuccessful attempt was made at delivery in the home of the parents, and the child thereafter delivered spontaneously in the ambulance as a stillborn. Plaintiff claimed that the Paramedic and other First Responders were negligent in failing to follow ALS and First Responder Protocols to utilize certain obstetrical maneuvers to safely deliver the infant, and to perform proper supportive measures while the baby’s head was out of the mother’s uterus. Defendants responded that proper protocols were followed, and that a Paramedic in the field cannot be held to the standard of an Obstetrician. Eleven witnesses were called during the trial, including 6 expert witnesses in the fields of Obstetrics, Neonatology, Psychology, and Paramedic/EMT practice. The plaintiff alleged damages to the mother due to the death of her baby in the form of significant and permanent psychological injuries, grief, loss of enjoyment of life, and mental pain and suffering. Plaintiff’s attorney in his summation asked the jury for $2,450,000 in damages. The jury deliberated for one hour, and returned a unanimous defense verdict on behalf of the Paramedic and First Responder Team.
