Royal v. Tyree

The plaintiff was born at Saint Vincent’s Medical Center-Staten Island on the morning of August 13, 1999, with extra fingers on her hands and a hole in her heart. The plaintiff later developed microcephaly, which is a smaller-than-average head, and cerebral palsy. The plaintiffs mother subsequently commenced this action on the child’s behalf against the defendants, contending that the plaintiffs injuries had been caused by a lack of oxygen in útero during the labor and delivery process.

At trial, the parties presented sharply conflicting expert testimony on the issue of whether the defendant…