February 2, 2010

Doctor Blamed for Erb’s Palsy Birth Injury

An obstetrician recently received a public reprimand from her state’s medical board. The reprimand states that the doctor’s negligence caused a newborn baby to suffer Erb’s Palsy. According to the report in The Mercury News, the negligent doctor tried a suction delivery, but the baby was too large for natural birth. This risky move caused the baby’s shoulder to become locked on the mother’s public bone, damaging the baby’s shoulder nerves and causing Erb’s Palsy, which left his arm and shoulder paralyzed.

Levin & Perconti have represented clients in a number of Chicago birth injury cases involving Erb’s Palsy. In 2009, John Perconti and Patricia Gifford settled a lawsuit for $1.35 million on behalf of a 9-year-old Waukegan girl who lost movement in her arm. Her doctors failed to inform the girl’s mother of her increased risk for shoulder dystocia. They also failed to perform the proper techniques during labor and delivery to disimpact the newborn's shoulder, causing her injury. To learn more about this birth injury lawsuit, read our latest newsletter.

January 26, 2010

Illinois Woman Files Medical Malpractice Lawsuit in Death of Unborn Daughter

The Record reports that a woman in Madison County, IL is suing Anderson Hospital and her physician, claiming they failed to provide appropriate prenatal care during her pregnancy. According to the suit, filed by an Illinois medical malpractice lawyer, the doctor failed in her duty to properly monitor the fetus, failed to ensure that the fetus developed properly in spite of the plaintiff’s diabetes and failed to intervene in a timely manner when fetal distress was detected. As a result of the doctor’s failures, the plaintiff’s unborn daughter died in December 2007. To read the full account of this Illinois malpractice lawsuit, click the link.

October 30, 2009

Family Receives $77.4 Million Settlement for Cerebral Palsy Birth Injury

A settlement totaling $77,418,670 was recently reached with St. John’s Riverside Hospital for the family of a three-year-old boy who developed cerebral palsy due to unnecessary delays during birth. The medical malpractice lawsuit alleged that the hospital, and the obstetrician/genecologist who delivered the baby, failed to perform an emergency c-section despite the presence of signs that indicated that the baby was suffering from oxygen deprivation. Instead, the doctor opted for a vaginal delivery, which was alleged to have been initiated almost an hour later.

Click on the following link for more information about this $77 Million cerebral palsy settlement.

October 9, 2009

Jury Awards Family $43 M in Birth Injury Trial

A jury recently awarded $43 million to a 25-year-old woman who suffers from cerebral palsy as a result of a hospital’s negligence during birth. According to an article on WTEN New 10’s website, the hospital staff failed to properly resuscitate the newborn during delivery. This critical medical error caused the plaintiff to suffer cerebral palsy, a lifelong disorder that affects movement. The family settled out of court 19 year ago with the doctor who performed the delivery; however the case against the hospital has been active since 1991. To read the full coverage of this birth injury verdict, click on the link.

July 30, 2009

Chicago Birth Injury Settlement for 11 Million Dollars

A Chicago family received an $11 million dollar settlement yesterday for their daughter’s birth injury. The child had suffered a traumatic birth injury during a C-section and while her mother’s uterine ruptured. The child now suffers from cerebral palsy and cannot speak, walk or even eat. The birth injury took place at Loyola University Medical Center in Maywood. To read the entire article click here on “Chicago Birth Injury Settlement for 11 Million Dollars

July 27, 2009

Informed Consent for Birth Injuries Takes a Small Step Forward

After a 13 million dollar verdict in favor of a mother who was not informed that a cesarean section was an option, the court decided that informed consent needs to involved information about all options. The mother’s son suffered a birth injury because of the lack of consent. The traumatic birth injury the child suffered from was cerebral palsy. This is a huge step for patients informed consent. To read the entire article click here “Informed Consent for Birth Injuries Takes a Small Step Forward

July 21, 2009

Birth Injury Case Settled

Jacksonville Naval Hospital reached a $500,000 settlement yesterday with a family whose son died after a birth injury. Kendra Alcorn gave birth to twins in 2005; the first birth went well, but the second baby suffered from lack of oxygen. Lack of oxygen is a serious birth injury and it caused the child to go blind and have cerebral palsy. The child has since passed away from the birth injury. To read the entire article click here on “Birth Injury Case Settled

July 7, 2009

Record Settlement in Birth Injury Case

In December of 2000, a woman’s uterus burst during labor caused a birth injury. The mother’s body no longer could provide oxygen for the child, who went 18-20 minutes without oxygen. The birth injury caused permanent brain damage. There was a $31 million dollar verdict for the birth injury when the case was brought to court, the most in Ohio history, but they have settled out of court for what is believed to be less money. For more information on “Record Settlement in Birth Injury Case” click here.

June 17, 2009

Hospital’s Alleged Negligence Causes Serious Birth Injury

A $3.35 million Euro (About $4.65 Million in US currency) settlement was reached because of a birth injury that took place. The Hospital in this case failed to get proper information including information relating to the baby’s fetal heart rate and the doctor carried out a Caesarean section too late causing the birth injury. The birth injury caused asphyxiation at birth, motor dysfunction and mild cerebral palsy. To read the entire article click here “Birth Injuries

May 13, 2009

Grandmother Files Illinois Birth Injury Lawsuit

A lawsuit was filed in St. Clair County, IL on behalf of a baby that died due to birth injuries. The child’s grandmother filed the birth injury lawsuit against the doctor that delivered him and the hospital where he was born. The lawsuit alleges that the doctor failed to perform a cesarean or treat the baby during delivery. The baby suffered neonatal hypoxic ischemic encephalopathy during delivery and died several months later from his birth injury. Read full coverage of this Illinois medical malpractice case.

March 27, 2009

Jury Awards $4 Million to Family of Brain-Damaged Baby in Delayed C-Section Case

Earlier this week, a jury returned a verdict awarding $4 million in a medical malpractice lawsuit for birth injuries found to have been caused by a delayed c-section.

The injured baby’s mother had been pregnant with twins, but one died in utero. A few weeks later, doctors discovered that the surviving twin was in distress and determined that an emergency c-section was necessary. The operation was delayed for several hours, however, and the baby ended up being born with permanent brain damage that led to cerebral palsy and mental retardation. The award should help to guarantee that the child receives the necessary treatment that she will require for the rest of her life.

Read more about this delayed c-section case here.

March 23, 2009

$6.4 Million Jury Verdict in Failure to Treat Preeclampsia Case

Last week, a jury returned a verdict of $6.4 million to a woman for brain damage that she suffered during pregnancy. The medical malpractice lawsuit alleged that the woman’s doctor failed to properly treat her for preeclampsia, a condition that can cause high blood pressure in pregnant women. The woman’s baby was born free of birth injuries but she suffered a brain bleed after her condition became severe.

Preeclampsia and other hypertensive disorders have been recognized as being responsible for 76,000 maternal and 500,000 infant deaths each year, worldwide.

Click here for more information on this failure to treat preeclampsia verdict.

February 16, 2009

$4.4 Million Cerebral Palsy Verdict

Last Friday, a jury in a medical malpractice trial awarded $4.4 million to the parents of a child who suffered a severe brain injury at birth. Three days before her scheduled induction, the mother went to the hospital with nausea and vomiting. A fetal heart monitor showed that the baby was in dire stress and in need of an emergency c-section but a nurse misread the data. This delay lead to prolonged oxygen deprivation, causing her daughter to suffer severe brain damage and later develop cerebral palsy. She died a year ago, at the age of less than 4 and a half, of complications from the disorder.

Read more about this birth injury trial here.

January 13, 2009

Medical malpractice lawsuit filed on behalf infant brain damaged after birth injury

A medical malpractice lawsuit regarding a birth injury causing cerebral palsy has been recently filed in St. Clair County, Illinois. The suit alleges that doctors failed to appropriately resuscitate a baby after birth and did not ensure that the infant was properly intubated and monitored at St. Louis University Memorial Hospital causing brain injury. Allegedly, these medical mistakes led the baby to develop cerebral palsy, a disorder of muscle coordination and movement control that is also associated with seizures, cognitive limitations and sensory impairments. For the full story, click here.

December 22, 2008

Dennis Quaid Settles Birth Injury Suit for $750,000

The hospital that gave Dennis Quaid’s twins a lethal dose of Heparin has settled with the family for $750,000. The hospital gave the babies a 10,000-milliliter unit dose of Heparin, a blood thinner, made by the Baxter Healthcare Corp. instead of the prescribed 10 milliliters immediately after the twins were born. The twins struggled for their lives after the lethal overdose of Heparin almost killed them. Fortunately, the twins survived the overdose administered by the healthcare providers at the hospital. A petition filed in the court shows that the Quaids and the hospital have agreed on the parents’ damages, but can still pursue birth injury claims for their children. To read the full story, click here.

December 20, 2008

Birth injury seminar this winter in Phoenix

A medical malpractice seminar will be held in Phoenix, Arizona by the American Association for Justice (AAJ). The seminar will cover birth injury lawsuits and will be held from January 30-31, 2009.

To sign up, click here. http://www.justice.org/cps/rde/xchg/justice/hs.xsl/484.htm

November 19, 2008

Family Awarded $20.5 Million in Birth Injury Case

A jury has awarded $20.5 million in a medical malpractice suit to the family of a child with lasting medical problems caused by mistakes made at his birth. The judge stated that it was the largest award in a medical malpractice case in his 10 years on the bench. The jury found the doctor and hospital negligent in their treatment of the child's mother during the delivery.

A fetal monitoring system indicated that the baby was in distress so the hospital called the doctor but he did not show up for two hours. During this delay, the baby was deprived of oxygen. After the doctor arrived, rather than performing an emergency c-section, he decided to induce labor, which forced the baby to remain oxygen-deprived. When it finally became clear to the doctor that the baby had to be removed, it was too late. The delayed c-section was finally performed nearly four hours after the mother had arrived at the hospital, after the baby had already suffered permanent brain damage. The baby was born with cerebral palsy. He is almost completely blind, has no use of his hands, has severe mental retardation. The boy is now 7 but, because of his birth injury, he functions at the level of a 6 to 9-month old.

The family will receive $2 million health care expenses and related costs. The child was awarded $18.5 million, which he will receive upon turning 18, for lost earning capacity, pain and suffering and medical expenses. Almost all of the money will be used for his care, since he will require 24-hour care for the rest of his life.

To read the full story, click here.

November 10, 2008

Court reinstates birth injury lawsuit

A Court has reinstated a medical malpractice birth injury lawsuit filed by a Las Vegas mother whose child suffered brain damage during birth. The suit was originally dismissed because it was brought after the four-year statute of limitations. However, the Court clarified that the applicable statute of limitations is ten years where the child suffers brain damage or a birth defect.

For the full article.

November 3, 2008

$15.35 Million DeKalb County Record Settlement

A DeKalb County family received a $15.35 million settlement in a birth injury malpractice. This is the largest settlement ever recorded in DeKalb County and one of the largest birth injury settlements in Illinois history. The lawsuit alleged the Defendant physician negligently used a vacuum extractor during labor and delivery. Over the course of nearly one hour, the physician used the vacuum extractor 18 times without success. Another doctor was called in to perform an emergency C-section after the infant’s fetal heart tones showed distress. The child suffered severe brain injuries as a result of the physician’s negligence.

Plaintiffs further alleged that the Defendant hospital failed to exercise reasonable care in evaluating the physician’s competency to perform vacuum deliveries at their hospital. The physician had previously settled in another birth injury malpractice, which resulted in the death of a newborn. To read the full story, click here.

October 24, 2008

Jury Awards $11.4 Million for Cerebral Palsy Birth Injury

A Wisconsin jury awarded $11.4 million to the parents of a child born with Cerebral Palsy, and found a nurse and midwife at Gunderson Lutheran Medical Center negligent in the child’s delivery, causing the brain damage. The lawsuit alleged that the baby was deprived of oxygen due to a delay in his delivery and that the mother was administered the drug Pitocin in frequent and increased dosages without a physician’s order, in violation of hospital policy, which caused additional stress to the fetus and an abnormal contraction pattern.

The child suffers from Cerebral Palsy and other permanent personal injuries. He is not expected to ever walk or talk and requires a feeding tube. The parents state that, while the jury award cannot give their child a normal life, it will help them to provide the therapy, treatment, and accommodations that their son will need throughout his life.
For the full story, click here.