rate was in the 160’s and his respiratory rate was in the 80’s. _____________’s extremities were rigid and he was grunting on respiration. Despite these findings, no physician was called to evaluate _____________ at this time, thus no medical evaluation was done and no diagnostic studies were ordered.

16. At 9:00 a.m., _____________ was noted to continue to cry inconsolably.

Defendant Dr. _____________ was updated concerning _____________’s condition but simply ordered saline drops for congestion instead of any diagnostic studies.

17. Dr. _____________ circumcised _____________ at about 9:30 a.m. Thereafter, Dr.

_____________ performed a discharge examination of _____________, determined he had a normal exam and wrote orders for _____________ to be discharged at 48 hours of age.

18. By 10:40 a.m., _____________ had not been fed for approximately 7 hours

and 40 minutes due to the circumcision. Despite this long period of time, _____________ had to be aroused from sleep in order for the nurses to try and get _____________ to latch onto his mom’s breast for feeding. _____________ exhibited no rooting or sucking response and continued to cry. _____________ kept his arms at his sides and his movements were not organized.

19. Apparently, Dr. _____________ was notified concerning these findings but

did not examine the baby. Instead, the hospital’s house officer saw _____________ but gave no orders to evaluate the etiology of _____________’s worrisome signs and symptoms.

20. By 6:00 p.m., _____________ had been crying for one hour and was

unconsolable. He was given formula but was unable to suck.

21. At 8:00 p.m., _____________ remained fussy but his mother was able to

console him.

22. When his 48 hours was up, at about 9:00 p.m., _____________ was

discharged home without ever undergoing any testing to evaluate his condition.

23. Once home, _____________’s mom, Plaintiff _____________, called Dr.

_____________’s office due to her concern about _____________’s poor feeding. Ms. _____________ was told that _____________ was colicky and that she should continue to try and work with him to feed him.

24. Ms. _____________ remained concerned, however, thus she brought _____________

to the Emergency Department at ____________________for evaluation at about 6:00 a.m. on ____________, where he was admitted to the neonatal intensive care unit with a diagnosis of newborn shock secondary to sepsis.

25. _____________ was then diagnosed with Group B Strep meningitis and

remained hospitalized at __________ until _____________, when he was discharged home.

26. _____________ now has severe and permanent neurological injuries,

including cerebral palsy, a seizure disorder, speech and language delay, cognitive dysfunction, motor impairment and other serious medical conditions.

27. Had Defendants adhered to the applicable standards of care, they

would have recognized and appreciated the seriousness of _____________’s signs and symptoms and diagnosed and treated _____________’s infectious process prior to his sustaining permanent injury from the meningitis.

COUNT ONE - NEGLIGENCE

28. Plaintiffs incorporate by reference herein all of the facts and

allegations contained in paragraphs 1 through 27 of the Complaint as if fully set forth herein, and further allege as follows: