31. Defendants, _____________, directly and through its

actual and apparent agents, servants and/or employees, including, but not limited to the nurses and house officer who cared for the minor Plaintiff, violated their duty and were negligent in the following ways, among others:

A. They failed to properly assess the condition of the infant; B. They failed to recognize and appreciate the signs and

symptoms of a potentially serious illness;

C. They failed to properly investigate the cause of the infant’s

condition;

D. They failed to properly monitor the infant;

E. They failed to diagnose the infant’s infectious process;

F. They failed to properly treat the infant;

G. They failed to communicate critical clinical information to the physicians in a timely manner;

H. They failed to go up the chain of command within the hospital’s hierarchy in order to obtain appropriate care for the infant in a timely manner;

I. They failed to have and follow safe practices in caring for newborn infants;

J. They failed to provide proper staffing for its newborn nursery and failed to properly train and supervise their staff; and

H. They failed in other ways to manage Plaintiff’s condition in an appropriate manner.

32. The aforesaid negligence of the Defendants directly and

proximately caused the minor Plaintiff, _____________, to sustain severe, painful, permanent and disabling injuries, including, but not limited to:

A. Cerebral palsy;

B. Seizures;

C. Cognitive and motor dysfunction;

D. Speech and language delay;

E. Pain and mental anguish;

F. Disfigurement and inconvenience;

G. Diminished enjoyment and quality of life; and

H. Loss of earnings and diminished earning capacity.

33. As a further direct and proximate result of the aforesaid negligence of the Defendants, _____________ has required and will continue to require substantial medical, nursing and related care; various types of therapies such as physical, occupational, speech, rehabilitative, and pharmaceutical; and other care, including

specialized devices, equipment, transportation and housing for which significant sums of money have been and will continue to be expended, in the past, present and future.

WHEREFORE, the minor Plaintiff, _____________, respectfully demands that judgment be entered in favor of the Plaintiffs and against the Defendants, jointly and severally, in a sum of more than Twenty-Five Thousand Dollars ($25,000.00), together with a taxing of all court costs and litigation expenses (including attorney fees) against the Defendants, jointly and severally, all with interest thereon at the maximum rate allowable by law from the earliest date possible.

COUNT II- NEGLIGENCE

34. Plaintiffs, _____________ and _____________, individually,

incorporate by reference herein all of the facts and allegations contained in paragraphs 1 through 33 of the Complaint as if fully set forth herein, and further allege as follows:

35. As a direct and proximate result of the aforesaid negligence, Defendants, _____________ and _____________, have expended and will continue to expend large sums of money for medical and hospital care, treatment, nursing, therapy, rehabilitative care, custodial and other care and related services for their son, _____________, in addition to having suffered pecuniary loss and expending great time and effort to attend to their son’s injuries.

36. As a further direct and proximate result of the Defendants’

aforesaid negligence, _____________ and _____________, have suffered and will continue to suffer great mental anguish in connection with rearing their brain damaged child, in addition to a loss of consortium and loss of services.