September 20, 2011

Parents Awarded $4.5M in “Wrongful Birth” Lawsuit

Our Chicago birth injury attorneys learned that the lawsuit in which the family of a baby born with severe birth defects, including multiple limbs missing, that sued the doctors for failing to recognize the injuries to the baby while he was in the womb, resulted in a verdict of $4.5 million dollars for the family of the young boy. According to The News Factory, this lawsuit resulted from what has been coined a “wrongful birth” after the doctors that were responsible for monitoring the baby while the mother was pregnant failed to notice the serious problems with the baby while he was in the womb.

While typically birth injury lawsuits involve negligence on the part of the doctor, nurse, or other hospital staff during the delivery process itself, a case such as this one shows that negligence on the part of the doctor or nurses at any point of the pregnancy process can result in a lawsuit on behalf of the injured baby and the baby’s family. In this case, the boy’s injuries were present while in the womb but the doctors and nurses failed to notice, or at least failed to tell the parents, about any problem or birth defects at any time prior to birth. The family did not realize that there was anything wrong with the baby until he was born, at which time the birth defects were obvious because the baby was missing both of his arms and one of his legs. The family alleged that it was negligent of the doctors and nurses to either fail to realize that there was a problem during the pregnancy, or if they did realize that there were problems that they were negligent in failing to inform the parents of what to expect.

The birth injury lawsuit that was filed by the parents of the young boy sought $9 million dollars in damages, to help cover his medical expenses and other bills as well as to help compensate the young boy and his family for the pain and suffering and the difficulties that the young boy will face as he gets older. The negligence lawsuit resulted in a finding of $4.5 million dollars for the young boy and his family, finding that due to the negligence on the part of the doctor the family was not aware of the boy’s problems until it was too late for them to make a decision as to what to do.

Our Illinois birth injury attorneys have helped clients out all over Illinois with their birth injury lawsuits and have recovered millions of dollars for the victims and their families. While most birth injury lawsuits result from the negligence on the part of the doctor during the actual birthing process, some cases do result from negligence during either the pregnancy or at a point shortly after the birth of the baby. Our Chicago personal injury attorneys are here to hear your family’s story and to talk to you about what next steps are available to you and your loved ones.

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September 18, 2011

Family of Birth Injury Awarded $58M Settlement

Our birth injury lawyers read about a verdict in a recent birth injury lawsuit that awarded the family of the victim of the permanent and severe personal injuries over $58 million dollars. The birth injury lawsuit was filed against the obstetrician that delivered the family’s baby eight years ago, after the baby was born with severe brain injuries while under the doctor’s care. The brain injuries that the baby suffered from during childbirth were the result of the doctor negligently taking too long to get the baby out during birth even after the point where the baby was showing signs of distress during delivery. As a result of the baby’s severe injuries that he suffered at birth, his brain injury left him unable to eat on his own, walk on his own, or talk at all.

In this birth injury case the baby likely suffered these severe birth injuries as a result of oxygen deprivation during delivery. Doctors and nurses must constantly monitor the mother and baby closely to make sure that the baby is not in distress in the womb, and that the baby’s vital signs are what they should be at all times and that the baby is receiving the appropriate amount of oxygen at all times. There are machines and equipment that should always be used by doctors, nurses and at all hospitals to make sure that the mother and the baby are constantly being monitored and to alert the doctor when there is a problem. If the baby is showing signs of trouble, the doctor usually will perform an emergency caesarian because that allows the doctor to get the baby out much more quickly than with a vaginal birth. When a doctor fails to take emergency measures after the baby shows clear signs of fetal distress, the doctor’s negligence adds to the chances that the baby will suffer permanent damage or even die during the birthing process. In this birth injury trial, the jury determined that the doctor’s negligence in failing to deliver the baby more quickly was a definite cause of the baby’s severe and permanent injuries. According to The Digital Journal, the jury awarded the family of the victim with the multimillion dollar settlement to help the family with all of the past medical bills they have had to pay in connection with the birth-related injuries, for all the future medical care that the child will require for his entire life, for all of the equipment necessary for the young boy to live as normal of a life as possible, and also money to try and compensate the family of the brain injured child for the pain and suffering that the victim and the family have all suffered as a result of the doctor’s medical malpractice.

If you or a loved one had a baby and the baby suffered birth injuries as a result of medical malpractice or negligence on the part of a doctor, nurse, or other medical professional, a birth injury lawsuit may be available to be filed against the party responsible. Our Chicago personal injury attorneys have helped clients all over Illinois recover damages for the personal injuries that they have suffered at the hands of another. Please call our Illinois personal injury law firm today to tell us about what has happened to you or your loved one and to discuss what options may be available.

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September 16, 2011

Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

Our Chicago birth injury attorneys recently learned about a birth injury lawsuit that resulted in a $30 million dollar settlement for the family of the victim of the birth injury. The birth injury lawsuit was against the hospital where the baby was delivered back in 1997. The lawsuit alleged that due to the negligence of the hospital the baby was born with severe brain and birth injuries that have led him to have permanent disabilities. When the baby’s mother went into labor she was given a drug that was to induce her contractions but then the doctors at the hospital failed to monitor both the mother and the baby. This led the baby to be without oxygen and by the time the doctor’s realized what was going on they had to perform an emergency cesarean section. According to Naples News, all of the time without oxygen severely injured the baby and led to permanent brain injuries in the baby and he was diagnosed as having developed cerebral palsy from his oxygen deprivation.

The baby that was injured back in 1997 at the hospital is now 14 years old. His cerebral palsy requires that for him to be able to communicate he needs certain equipment and tools, such as a special keyboard that he is able to tap out the letters of the words that he is trying to communicate to others. At one point he was able to go to school with other children his age, but due to budget cuts he lost his assistant that was there to help out in the classroom. Without his assistant in the classroom he is unable to keep up with the class, and in turn his mother now teaches him at home. This type of special care can be very expensive and is necessary for the young boy to use in order to communicate and keep up with other children his age educationally. Because of these expenses, the family of the birth injured boy has a great deal of expenses that are connected with the permanent brain injuries to the young boy. The boy lives with his mother whom is a single mother raising him on her own as well as home schooling him.

The birth injury lawsuit was originally decided back in 2007, where the boy and his parents (now divorced) were awarded $30 million dollars. The defendant hospital then appealed the decision and the appellate court upheld the decision in 2009. The family has since filed a claims bill against the hospital asking the state legislature to approve the payment of the damages that are due to the victim’s family. The reason that this amount has to be requested for payment is because the hospital is publicly run and there is a cap on the damages that a public entities can be required to pay, and while a jury is allowed to award a higher amount to the plaintiff, the damages must be approved before the defendant is required to pay the damages in full to the plaintiff. At this point the legislature has not yet approved the payment, but it is still pending and the family hopes that it will be approved soon in order to help them out with all of their costs associated with the hospital’s negligence that led to their son’s permanent brain injuries.

September 14, 2011

Paxil Related Birth Injury Claims May Still be Filed

Our Chicago-based birth injury attorneys want to make sure that all families that were affected by a birth injury that was caused by the mother taking Paxil while pregnant realize that there may still be time for their birth injury lawsuit to be filed. Paxil is a drug that has been and continues to be heavily prescribed to treat depression, panic attacks, anxiety attacks, and social anxiety issues. However, after the drug had been prescribed to patients for years it was discovered by researchers that the drug could lead to rather serious birth defects in newborn babies when the mother took the drug during her pregnancy. The drug can lead to severe physical defects to the baby, including heart problems, foot development problems, brain and skull development problems, as well as other physical birth injuries that can be very difficult for the families affected.

Many victims of Paxil related birth injuries have filed birth injury lawsuits against the manufacturers of the drug for failure to realize and warn their patients of the dangers associated with taking this particular anti-depressant. These patients often had babies born with the above mentioned physical problems and many of those affected are suing the drug manufacturing company to recover the medical costs associated with the baby’s injuries caused by taking the drug, as well as compensation for the pain and suffering that the manufacturer’s negligence caused the families of these babies born with these severe birth injuries.

While many of these birth injury lawsuits have been filed and settled for the families of these babies, according to PR Web, many families that have not yet filed a lawsuit for their baby’s birth injuries are afraid that they have missed their chance to file a birth injury claim against the drug manufacturer. Our birth injury lawyers want to make sure that families understand that they have not necessarily missed their opportunity to receive the compensation that they deserve for the drug manufacturer’s negligence and that there are still birth injury attorneys that will take the case and help the victims fight to receive the monetary compensation that they deserve.

If you or a loved one gave birth to a baby that suffered from severe physical problems at birth and the mother was prescribed and was taking Paxil at the time that the baby was born, you may have a Paxil birth injury claim available to be filed against the manufacturer of the drug. Additionally, depending on when your doctor prescribed the drug to you, you may have a negligence claim against your doctor too if the dangerous side effects were already known to medical professionals when it was prescribed to you. If you feel that this has happened to you and your baby, please contact our Chicago personal injury attorneys today to discuss your story and to see what legal options you may have available to you. Our Illinois personal injury law firm has helped many clients receive the appropriate damages for their personal injuries that were caused by the negligence of another and we are here to talk to you today about your potential case.

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September 10, 2011

Family Receives $1.5M Settlement for Birth Injury/Wrongful Death Lawsuit

Our Illinois birth injury attorneys just learned about a settlement in a wrongful death/birth injury lawsuit in which the family of a baby that died shortly after birth was awarded $1.5 million dollars for the hospital and doctor’s negligence in not giving the baby the proper attention and care that it needed when it was born. The baby was born about two and a half years ago, and suffered serious trauma at birth. The wrongful death lawsuit alleges that because of the doctors and nurses acting negligently, in failing to recognize the severity of the baby’s injuries at the time of the baby’s birth, the baby was treated too late and died several days later as a result of the birth injuries sustained while at the hospital. The birth injury initially occurred because the doctor that was delivering the baby used a vacuum suction to help and get the baby’s head out during delivery, and the suction led to brain bleeding in the baby. The serious birth problem was not handled immediately following the baby’s birth injury and the doctors and nurses were negligent in failing to recognize the symptoms and the signs that the baby was in serious distress until about twelve hours after the baby was delivered. By this time the baby suffered serious, and what resulted in, fatal injuries. The baby was not taken to the appropriate hospital that it needed to go for treatment and surgery until the day after it was born, and according to the birth injury lawsuit, this delay is what caused the baby to die from the injuries.

The wrongful death lawsuit named multiple defendants when it was originally filed back in the summer of 2009, but at the time the settlement was reached, the doctor that delivered the baby and the hospital where the baby was born were the only defendants remaining as parties to the personal injury lawsuit. According to The York Daily Record, the settlement was just recently reached and the $1.5 million dollar settlement will go to the parents of the victim and to their attorneys. This recovery amount is not only intended for the baby’s medical bills connected with the birth and the failed surgery that followed to try to help the baby, but also to try and help the family of the victim receive some form of compensation for all the terrible loss and pain and suffering that they have been through as a result of the negligence on the part of the defendants.

If you or a loved one gave birth to a baby, and the hospital, the nurses, or the doctors, acted in a manner that was negligent given the level of care that all hospital staff owe to their patients, and your baby was injured as a result of these negligent actions, please contact our Illinois personal injury law firm today. Our Chicago birth injury attorneys have worked with clients all over the state of Illinois and have recovered monetary damages for these clients to help them out in some way with all that they have suffered through as the result of another person's negligence during the birthing process, and our birth injury attorneys are here to talk to you and hear your story and discuss what options are available to you and your loved ones.

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September 6, 2011

Illinois Family Recovers $29M in Birth Injury Case

Our Chicago birth injury attorneys recently read about a Gurnee birth injury lawsuit in which the family of the baby received $29 million dollars after the verdict was in found in their favor. The lawsuit was against the doctors and nurses that were in charge of taking care of the baby after birth and the lawsuit dealt with their negligence that led to their baby’s permanent brain injury following his birth. The Illinois birth injury lawsuit alleged that the baby, who was born eight years ago, suffered severe brain damage because the doctors and nurse at the health center where he was born failed to take proper care when he was born with a common blood infection.

The birth injury lawsuit was filed years ago and the family of the young boy won the suit last year, but it was appealed to the United States Court of Appeals, and just recently affirmed, meaning that the appellate court agreed with the original trial court. The appellate court agreed that the evidence presented showed that the doctors and nurses acted negligently in not treating the newborn baby’s infection for 12 hours after he was born with clear signs of a infection that was clearly getting worse over time.

The lawsuit against the doctors and nurses that were caring for the baby at the time of delivery and shortly after the baby was born, were accused of acting negligently in respect to their treatment of the baby shortly after birth. According to The Chicago Sun Times, when the baby was born he had a blood infection that is common during pregnancy and at birth, and can be treatable if handled appropriately. However, as the lawsuit alleges and the court agreed with, the doctors and nurses did not do anything for the baby for nearly 12 hours after birth. At that point the infection had advanced to a point where the baby suffered from severe injury, including a diagnosis of cerebral palsy and of spastic quadriplegia that are permanent and will require care throughout his whole lifetime.

The family of the baby did not realize immediately that the baby’s permanent brain injuries were caused by the doctor’s negligence, and did not realize that his injuries would likely not have been permanent had the staff acted as they should have when the infection presented itself. The family only realized that the staff had acted negligently when their second son was born with the same infection and was treated with medicine immediately after birth and recovered completely. This made the family realize that something must have been done wrong with their first baby and that the hospital staff had not handled the baby with the appropriate level of care that he needed.

If you or your loved one believes that a doctor or nurse acted negligently in treating your baby during birth, or shortly after birth, and your baby suffered injuries as a result, contact our personal injury law firm today. Our Illinois birth injury attorneys have helped clients all over the state of Illinois with birth injury lawsuits and are here to talk to you about what has happened and what options are available.

August 27, 2011

Illinois Birth Injury Lawsuit Settles for Over $15 M

Our Illinois birth injury attorneys were interested to learn about an Illinois birth injury lawsuit settlement in which an Aurora family received over $15 million dollars after filing a lawsuit against the doctor who delivered the family's baby. The birth occurred seven years ago but the medical malpractice lawsuit just settled. The birth injury that the lawsuit was addressing was the result of negligence on the part of the doctor who delivered the baby and his actions left the baby with cerebral palsy and with mental retardation. Cerebral palsy is something that may occur during birth if the baby is without oxygen for too long, and is the term used to describe the conditions suffered by this lack of oxygen and that result is physical or mental developmental problems.

During delivery, the doctor attempted to use a vacuum extractor to help to deliver the baby, and continued to attempt to use this method even after the method failed him multiple times. According to About Cerebral Palsy, even though the mother and the baby were in severe distress at the time of the delivery, the doctor did not intervene or try to reduce the permanent damage to the baby and instead kept trying something that had failed multiple times before. The baby appeared to have been developing with no problems prior to during the delivery and it is very likely that had the doctor performed a C-section when the complications presented themselves, the baby would not have been born with any serious permanent birth related injuries. While the doctor did eventually perform a C-section to deliver the baby, it was not until after multiple failed attempts with the vacuum extraction device.

Because the doctor ignored the signs, the mother and baby were in distress for too long and as a result the baby was born with and will permanently have serious brain and developmental damage as a result. Treatment for these lifelong birth injuries will be very expensive and that is part of the reason that the family was asking for the amount in the lawsuit. Additionally, the amount sought by the family and the amount determined in the settlement not only includes money for the medical bills, but also compensation for all that the young boy and the family has suffered through as a result of the doctor's negligence.

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August 23, 2011

Birth Injury Lawsuit Against Midwife Settles for $730,000

A birth injury lawsuit was just settled before going to trial in favor of the family of a baby that suffered a severe brain injury during birth. Our Illinois birth injury attorneys found this case interesting because the lawsuit was against a midwife that helped delivery the baby, and alleged that the midwife acted negligently in delivering the baby causing the baby to suffer from permanent brain injuries. The baby was born over two and a half years ago at a wellness center that was founded by the midwife who was named as defendant in the lawsuit. The midwife involved had several complaints that had been filed against her and the complaints led to an investigation of her practice. The lawsuit, as well as the other complaints, alleged that the midwife was not handling her cases in a proper way and was not consulting with the appropriate doctors when it was medically necessary for the mother or the baby.

According to The Concord Monitor, in this specific birth injury case that just settled, the midwife failed to refer the pregnant mother to a doctor and failed to send her to a hospital after she showed multiple risk factors during her pregnancy, including an inability to detect the baby’s heartbeat. After the baby was born showing signs of more serious distress the midwife still failed to immediately send the mother and baby to a hospital. As a result of the midwife’s lack of adequate care during the pregnancy and her lack of adequate care in failing to direct the mother to the appropriate places to help with the issues that presented themselves during the pregnancy, the baby suffered from cerebral palsy. Cerebral palsy is a brain injury that may result when there are complications at birth that are not appropriately addressed. This permanent injury to the baby will require a lifetime of care and the money to fund that care, as well as money to help the family deal with all the pain and suffering they have experienced as a result of the midwife’s negligence, were what the lawsuit was seeking. The total of the settlement was $730,000 dollars and about half of that amount will be placed in a trust fund for the young baby girl, which will be used to help her with her medical costs throughout her lifetime.

This is not the only birth injury lawsuit that has been filed against this particular midwife, and another case also settled recently, in connection with a birth injury that occurred a little over three years ago. In that personal injury case, a mother that had just given birth with the same midwife as the previous lawsuit suffered an infection shortly after she gave birth. The infection was not properly addressed or treated by the midwife, and the woman eventually had to have a hysterectomy because of the infection she suffered shortly after giving birth at the midwife’s wellness center.

Our Chicago personal injury law firm has helped out victims of birth injuries and their families try to recover some of what has been lost as a result of the negligence of a doctor, a nurse or a midwife. Our birth injury attorneys have worked with clients all over the state of Illinois and are here to talk to you about a birth injury that has affected you or a loved one and to discuss what options are available for you and your family.

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August 15, 2011

Hospital Settles Birth Injury Case for $1.5 Million Dollars

Our Illinois birth injury attorneys recently read about a settlement in a case where a baby was severely injured at a county hospital, and the county hospital agreed to pay $1.5 million dollars to settle the case. The birth injury lawsuit was brought by the mother of a baby that was severely and permanently injured during delivery. According to Record Net, the reason that the hospital is named as the defendant in the birth injury lawsuit is because the mother of the baby felt that it was the hospital’s negligence during the birthing process that led to the baby’s permanent and severe birth injuries. The medical malpractice lawsuit also notes that the injuries to the newborn baby will require lifetime medical care, and damages for this indefinite care were included in the request for damages as well.

Unfortunately, many babies are injured during childbirth as a result of negligence on the part of the hospital staff or because of procedures in place by the hospital. Whether it is caused by the hospital being overcrowded, the hospital being understaffed, the doctors or nurses not being prepared for anything that could happen, or the staff just making mistakes during delivery, these types of injuries happen far too often. Often times the pregnancy has no complications and the baby is perfectly fine and healthy until delivery, and then because of negligence on the part of the hospital or the doctor or nurse, the baby may suffer a birth injury.

Birth injuries often times occur when the baby stops getting oxygen during birth, whether it is caused by the umbilical cord wrapping around the baby or another complication that stops the oxygen flow to the baby. While oxygen derivation during birth is a terrible issue, if the doctor is aware of the problem or of what is causing the lack of oxygen, often times they can fix the issue quickly and the baby does not suffer any permanent damage. However, if a doctor fails to monitor the mother and baby properly they may miss a serious complication and the baby may be without oxygen for too long of a period of time and could have a serious injury such as cerebral palsy.

Birth injuries are often completely preventable with the right care and preparation. The baby should be closely monitored to make sure that all of the vital signs are good and that the baby is not in distress. If the baby is in distress and the doctor realizes it, often times the doctor is able to act quickly and deliver the baby and the baby will be okay and will not suffer any types of permanent damage.

If you recently gave birth and the baby suffered from a birth injury that occurred during childbirth, and you feel that the doctor or hospital was negligent and their actions caused the birth injury please call our personal injury law firm today. Our birth injury attorneys have helped out injured clients all over the state of Illinois and are here to talk to you about your possible case and the options available to you.

July 2, 2011

Disabled Child Receives $3 Million Verdict in Midwife Birth Injury Lawsuit

Mothers often turn to midwives when they are seeking a more natural childbirth option. However, the American Pregnancy Association cautions that sometimes childbirth requires medical interventions that extend beyond the scope of a midwife’s limited services. In those situations, the mother and baby need the prompt attention and care of an experienced obstetrician. If complications arise during childbirth that a midwife is incapable of handling, both mother and baby run the risk of suffering a debilitating birth injury.

Recently, the Lewiston Sun Journal reported that a Maine jury awarded a 10-year-old plaintiff $3 million for past and future medical expenses, permanent impairment, and loss of enjoyment of life after finding that the midwife who had overseen the child’s delivery negligently failed to follow standard medical care procedures. The child is severely disabled and was diagnosed with a rare genetic disorder called Kabuki Syndrome. The medical malpractice lawsuit maintained that the disorder did not account for all of the child’s symptoms, which include severe mental retardation, blindness, wheelchair confinement, a feeding tube, and inability to speak. Rather, the symptoms indicate the child suffered from oxygen deprivation during labor, as a fetal monitor warned. The lawsuit argued that the midwife failed to respond appropriately when the monitor indicated a problem.

The jury came to a verdict for the plaintiff after deliberating for only four hours. The plaintiff’s attorney praised the verdict, but added, “There are no winners in this. Everyone in the courtroom, particularly defense counsel, agreed this is a tragic situation.” Chicago birth injury attorneys know that with the proper care and attention during childbirth, these tragedies are entirely preventable. A fetal monitor should provide sufficient warning if problems occur. However, too often the baby is deprived of oxygen and experiences birth hypoxia or birth asphyxia, which can result in permanent brain damage. Such injuries require lifelong medical care and can exert an astounding financial and emotional strain on families.

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June 14, 2011

Medical Malpractice: The sad case of shoulder dystocia

Our Chicago birth injury attorneys often receive troubling calls from heartbroken parents describing incidents of shoulder dystocia. According to a recent article from MissionLocal.org, shoulder dystocia is a birth complication often associated with, but not limited to pregnant women with diabetes. Shoulder dystocia occurs when a child’s head is delivered, but the shoulders of the child are unable to pass through the birth canal. When this occurs, the child is immediately in jeopardy of suffering serious birth injuries or even death. According to the report, sometimes doctors are able to avoid injury by quickly repositioning the child, but others aren’t so lucky.

Shoulder dystocia is one of the most dangerous birth complications. Once the head of a baby is delivered, significant strain is placed on the umbilical cord. In a typical childbirth setting this is not a problem because of the relatively short period of time between delivery of a baby’s head and shoulders. In shoulder dystocia cases, however, the prolonged stress often leads to permanent injuries.

John Perconti filed a lawsuit against Evanston Hospital in 2005 for complications suffered by Denise Juarez when the birth complication of shoulder dystocia caused her to ultimately suffer from Erb’s palsy, which is the weakness or loss of movement caused by damage to the nerve bundles at one’s shoulders.

While some cases involving shoulder dystocia can not be predicted, many others can, and failing to diagnose a fetus with a high propensity of suffering a shoulder dystocia is medical malpractice. In the case of Denise, the facility was negligent in a number of ways. The staff failed to perform an ultrasound prior to delivering Denise to determine her size, given the fact that Denise’s mother had previously delivered a large baby. Additionally, the staff failed to inform Denise’s mother of her increased risk for shoulder dystocia and failed to offer a Caesarean section as an option to reduce these risks. Finally, during delivery, the labor and delivery team failed to perform the proper disimpaction techniques, and the doctors applied excessive force causing Denise’s permanent nerve damage.

John and the rest of the birth injury lawyer team at Levin and Perconti, using their knowledge gained over many years practicing in the area, were able to settle Denise’s case for $1.3 million dollars. This money will help provide Denise the care and treatment necessary to live a more normal life.

May 4, 2011

Jury awards expecting parents $2.5 million in birth injury

A jury recently awarded $2.5 million to a grieving couple who lost their baby in a birth injury caused by doctors’ negligence.

The couple sued various obstetricians and gynecologists as well the practice where the expecting mother was treated. While obstetricians specialize in the management of pregnancy and labor, gynecologists specialize in the female reproductive system. Together, “ob/gyns” are trained to diagnosis and treat disorders and diseases in this field.

According to court documents, doctors discovered a complication during the mother’s pregnancy. Lab results revealed that the unborn baby had O-positive blood whereas the mother had Rh-negative blood. When this combination of blood types occurs, the baby’s O-positive blood is treated by the mother’s body as an intruder and the mother’s Rh-negative blood produces antibodies to fight the invading O-positive blood. The mother’s antibodies start to break down the fetus's red blood cells. This condition is called hemolytic disease or hemolytic anemia. It can become severe enough to cause serious illness, brain damage, or even death in the fetus or newborn.

According to the lawsuit, doctors failed to properly monitor and treat the mother and her baby after the complication was revealed. The unborn baby developed immune hydrops fetalis, a complication of Rh incompatibility. Although a cesarean section delivery was preformed, the baby did not survive. In addition, the mother will unlikely be able to deliver another viable fetus, according to the complaint.

The jury not only awarded the parents $2 million in compensatory damages but the jury also determined that the doctors should pay $500,000 in punitive damages. Punitive damages are intended to reform or deter the defendant and others from engaging in similar conduct. They are usually awarded when the jury determines that the defendants acted with reckless disregard for the safety of others. Although punitive damages are not intended to compensate the plaintiff, the plaintiff usually receives the entire punitive damage award.

To learn more about this lawsuit and other birth injuries that went to trial, follow the links.

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March 24, 2011

$8.5 million settlement for family of child who suffered brain damage at birth

A birth injury lawyer secured an $8.5 million settlement for the family of a severely brain-damaged child. The Jersey Journal reported that even though the trial had already begun, attorneys reached an agreement to settle after five days of trial testimony.

According to the lawsuit, when the mother-to-be first went to the hospital, several prenatal tests were conducted. All of these tests suggested that the unborn baby was normal and healthy. A prenatal heart monitor was then attached to the mother’s abdomen to track the baby’s heart rate. Several hours later, the baby's heart rate started to drop. In fact, records showed that the unborn baby’s heart rate reached a dangerously low level of 60 beats per minute.

Although the baby’s heart rate was grave and required immediate medical attention, evidence suggested that the labor and delivery room nurse waited almost half an hour before calling the attending obstetrician. As the unborn baby continued to struggle, the obstetrician took over twenty minutes before even starting an emergency Cesarean section.

Evidence at trial showed that the unborn baby’s umbilical chord was compressed. This can cause a baby's low heart rate and can cause the fetus to be deprived of oxygen. Experts in the case claimed that as a result of the unnecessary delays by the obstetrician and the delivery room nurse, the unborn baby suffered permanent brain damage.

The child, who is now five years old, suffers from seizures, is unable to walk, and needs to be fed through a straw. The child will be in need for full-time care for his entire life. According to the terms of this birth injury settlement, $6 million was provided for the medical expenses the child will incur in the future. The parents received $2.5 million as compensation for their emotional pain and other damages.

To read more about this birth injury settlement, follow the link.

Unfortunately birth injuries are not uncommon. In early March a family received $19.2 million for their child’s birth injury. Click on the link if you wish to learn more about the family’s struggle with their child’s birth injury. Birth injuries often result in brain injury for the unborn child. If you want to learn more about brain injuries, follow the link.

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November 24, 2010

Child with cerebral palsy receives $6.5 million birth injury settlement with Chicago hospital

Chicago birth injury lawyers John J. Perconti and Patricia Gifford of Levin & Perconti represented a ten year old girl who suffers from cerebral palsy and mental retardation. The young girl sustained a brain injury during complications that could have been prevented during her birth.

On November 24, 2010, Levin & Perconti announced that the Advocate Lutheran General Hospital in Park Ridge, IL and a physician who failed to perform a timely Cesarean section agreed to pay a $6.5 million present cash value settlement to the injured child and her family.

Doctors failed to diagnose cephalopelvic disproportion in the pregnant mother. Physicians further failed to order an emergency Cesarean section even though they noted erratic decelerations in the fetus, a common warning sign for fetal hypoxia. Once an emergency Cesarean section was ordered, mistakes made by the anesthesiologist resulted in the nursing staff having to hold the mother down while the incision was made during the surgery.

Fortunately, both the newborn and mother survived the procedure. However, the newborn suffered from hypoxic ischemic encephalopathy, which caused the child’s cerebral palsy and mental retardation. The family plans to use the settlement to provide their daughter with the appropriate care she currently needs and the ongoing care she will have to have throughout her adult life.

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November 20, 2010

Jury awards $2.3 M verdict for arm injuries suffered at birth.

A jury awarded $2.3 million in damages to a Virginia boy who suffered arm injuries at birth. As a result, the 4 year old child’s right arm is permanently disabled. The child’s mother was also awarded an additional $60,000 to reimburse her for all the medical expenses related to her son’s injuries. The lawsuit involved a nurse-midwife and the medical practice she was associated with.

To read more about this birth injury settlement follow the link to HamptonRoads.com

Midwifery offers care to childbearing women during their pregnancy, labor and birth, and during the postpartum period. They can also care for the newborn through to six weeks of age, including assisting the mother with breastfeeding. According to the National Center for Health Statistics, certified nurse-midwives and certified midwives attended 7.4% of U.S. births in 2006.

This health care profession came under fire in 2003 when a Sonoma County infant died after birth due to the alleged actions of a midwife. The mother, while under the guidance of a midwife, labored too long in her home causing life ending complications. Although state medical boards typically govern and regulate midwifery licenses, the family filed suit against the midwife for gross negligence. In that case, the midwife was already under investigation with the medical board for incompetence regarding two other home births.

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August 31, 2010

$56 Million Shoulder Dystocia Verdict Appealed

Aboutlawsuits.com is reporting that a hospital will appeal a $56 million New York Supreme Court jury verdict awarded to a young boy, now seven, who suffered severe injuries during birth. According to the report, during delivery, the infant’s shoulder became impacted against his mother’s pelvic bone, causing a shoulder dystocia.

When shoulder dystocia occurs, it is crucial for labor and delivery staff to take immediate action to reduce harm to the baby. There are a number of maneuvers that practitioners should know to help decrease the risk of serious injury when dystocia occurs. However, if these maneuvers are performed incorrectly, infants can suffer serious birth injuries. In this case, the jury determined that the obstetrician and hospital staff failed to alleviate the shoulder dystocia in a timely manner, causing the newborn to suffer brain injury and nerve damage. The boy now lives with developmental delays and his speech is impaired.

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August 12, 2010

Jury Awards Birth Injury Victim $510,000

Xzavier Hyman, a four year old child from Staten Island, was recently awarded $510,000 in a Medical Malpractice action against the obstetrician-gynecologist responsible for delivering him.

Xzavier’s mother, Ms. Spicer, was going through a difficult birth so Xzavier’s doctor, Dr. Paul Heltzer, ordered the use of Pitocin, a drug which helps speed up delivery by inducing contractions, to help her along in the birthing process. Pitocin is commonly used for women who are having difficulty delivering their child. However, Dr. Heltzer made the mistake of administering the drug for too long which put stress on Xzavier’s brain, causing three or four strokes and three seizures within 10 hours of his birth.

Xzavier’s attorney’s successfully argued that Ms. Spicer was kept too long on Petocin, and her relentless contractions stressed Xzavier. Additionally, they argued that a Caesarean operation should have been performed several hours before Ms. Spicer gave vaginal birth to Xzavier. If these steps were taken, Xzavier’s injuries could have been avoided.

The delivery, and subsequent stokes and seizures, left Xzavier with permanent injuries. Xzavier still suffers from some speech and fine motor skill deficiencies, the gap in IQ between him and his peers has continued to widen, and his life expectancy was cut approximately six years.

Both Xzavier’s mother and attorney expressed joy that the verdict came down in their favor, but disappointment that the award was not higher. Many birth injury malpractice cases award damages far greater than the $510,000 that Xzavier received. Much of this is based on the ongoing medical bills that a child will face as he ages because of the injury.

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July 7, 2010

Settlement Reached for Premature-Birth Lawsuit

According to the Orland Sentinel, a mother who sued EVAC for injuries her son received during a premature birth has reached a settlement for $1.4 million with EVAC ambulance services. Margarita Chess was six months pregnant when she gave birth to her son, Addison, inside an ambulance owned and operated by EVAC. Addison was born with cerebral palsy and suffered brain damage.

Chess first arrived at the Bert Fish Medical Center in New Smyrna Beach, where a doctor decided to transfer her to Halifax medical Center in Daytona because Bert Fish Medical Center was not equipped to handle her prematurely born son. Halifax Medical Center did not accept the transfer, citing that they lacked specialists who could handle premature births.
At the trial EVAC argued that paramedics could not refuse the emergency-room doctor's order. The jury found EVAC negligent for accepting transport and for the care it provided. Originally Chess brought suit against both the hospitals and doctors but settlement was reached with EVAC for a total of $1.4 million.

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June 1, 2010

$23.3 Million Birth Injury Verdict Awarded to Mother and Son

A jury recently awarded over $23 million to 5-year-old boy and his mother in a birth malpractice trial in Milwaukee that lasted over two weeks. The jury found the woman’s doctor negligent for the birth injury her son sustained during delivery in 2005. According to a report in the Journal Sentinel, the boy suffers from cerebral palsy as a result of the brain damage that he sustained during his delivery. The jury found the doctor negligent for failing to perform a C-section despite the woman’s prolonged labor and signs of distress. Instead of a C-section, the doctor ordered a medical resident to deliver the baby with forceps.

Most likely, the child’s brain damage was the result of hypoxia, or lack of oxygen. When complications arise during the labor and delivery process, it can cause a newborn’s oxygen supply to be cut off. When a child goes without sufficient oxygen for an extended period of time, this can lead to brain damage which can cause conditions like cerebral palsy. The National Institute of Neurological Disorders and Stroke defines cerebral palsy as term used to describe a number of neurological disorders that affect one’s movement and coordination. The effects of cerebral palsy can range in severity, but in many instances sufferers will have to undergo lifelong medical care and treatments. In the above example, the damages will help to compensate for future medical costs as well as the loss of future potential income and pain and suffering.

To learn more about the recent birth injury verdict, follow the hyperlink.

May 6, 2010

$18.5 Million Jury Verdict for Emergency C-Section Delay that Caused Cerebral Palsy

A jury has awarded the family of a 12-year-old boy $18.5 million in a medical malpractice lawsuit against a hospital and obstetrician, according to The Star-Ledger. An emergency cesarean section became necessary for his birth back in 1998, but it was unnecessarily delayed, causing brain damage and the development of cerebral palsy. Experts testified at trial that, if the procedure would have been performed just eight minutes sooner, he would not have developed the condition.

When a fetus begins showing signs of distress, such as an irregular heartbeat, it may mean that it is not getting enough oxygen. If so, it becomes critical to deliver the baby as soon as possible, usually by performing an emergency c-section. Delays in the performance of these emergency c-sections can cause serious, permanent injuries to oxygen-deprived babies, such as brain damage and cerebral palsy. Many of these delays are not only avoidable, but caused by the negligence of doctors and hospitals.

If you believe that your child suffered a birth injury as a result of a healthcare provider’s negligence, please contact us to discuss your case. Our Illinois birth injury lawyers are here to help.

April 19, 2010

$9.5 Million Settlement in Illinois Cerebral Palsy Case

A Cook County judge and mediator approved a $9.5 million settlement on behalf of a baby born with Cerebral Palsy as a result of medical malpractice, according to the Chicago Breaking News Center. This Illinois birth injury occurred because a nurse failed to call a doctor after the mother began experiencing complications after arriving at the hospital in labor with her son.

The American Pregnancy Association describes how a Cerebral Palsy birth injury like this can happen. About 70% of babies with Cerebral Palsy developed the disorder as a result of complications occurring before or during birth. Maternal infections during pregnancy, insufficient oxygen reaching the fetus, and asphyxia during labor and delivery are among the most common causes of Cerebral Palsy. Furthermore, because Cerebral Palsy affects a child’s control of movement and posture, a health care team is often needed to assist a child with Cerebral Palsy throughout their lifetime. These teams can include pediatricians, rehabilitation physicians, surgeons, physical therapists, speech and language pathologists, and social workers.

The need for a specialized team of doctors often means significant expenses must be paid by the family of a Cerebral Palsy child. When this birth injury is the result of medical malpractice, a lawsuit may be a family’s best option to recover costs already spent and defray the high cost of the child’s future medical care. The Chicago birth injury attorneys at Levin & Perconti have experience representing the families of children who suffer from Cerebral Palsy as a result of doctor error. For example, they have recovered a $4.5 million settlement and a $2.3 million settlement on behalf of children who developed Cerebral Palsy because of medical malpractice.

April 6, 2010

$29.1 Million Verdict for Chicago Birth Injury

The Daily Herald reports that a medical malpractice lawsuit resulted in a $29.1 million verdict for a boy suffering the effects of a severe birth injury. Medical malpractice occurring during the boy’s delivery at Northwestern Memorial Hospital in Chicago resulted in the child’s Chicago birth injury and brain damage. The boy is now six years old and suffers from quadriplegia and Cerebral Palsy, disorders that resulted from brain injury during his birth. NBC Chicago explains that a doctor ignored an infection in the mother prior to birth, and failure to treat the infection resulted in the child being born with Cerebral Palsy. As a result of the birth injury, the boy cannot walk, talk, or eat through his mouth.

Cerebral Palsy Information explains that Cerebral Palsy is often caused by brain injury either during pregnancy, during birth or shortly after birth. Several infections during a mother’s pregnancy can severely damage a fetus’ nervous system and result in Cerebral Palsy. Quadriplegia is a form of Cerebral Palsy that affects a child’s arms and legs and causes stiff, permanently contracted muscles.

4MyChild notes that about ten to twenty percent of children with Cerebral Palsy acquired it after birth, while many more children developed it during pregnancy or at birth. Two aspects of long labor send signals to doctors that brain damage can result in a birth injury to a baby. If a baby becomes stuck in the mother’s birth canal without oxygen or a doctor does not deliver the baby within 24 hours of the mother’s water breaking, the baby is at a significantly increased risk for a birth injury. Furthermore, doctors need to pay attention to whether the mother develops a fever during pregnancy because this too can lead to brain damage.

As 4My Child explains, quick action is the key to giving birth to a healthy baby instead of one with serious birth injury consequences like Cerebral Palsy. No child should have to suffer the effects of birth injuries that occurred because of medical malpractice. When medical malpractice does occur, however, and a child suffers the life long consequences of a doctor’s negligence, our Illinois birth injury lawyers are here to help.

March 15, 2010

Birth Injury Attorneys Announce $38 Million Verdict

According to a press release on Emailwire.com, a family was awarded over $38 million by a jury in a birth injury lawsuit. The press release states that a newborn suffered severe birth injuries after medical practitioners failed to execute a cesarean in a timely manner. As a result of this medical negligence, the newborn sustained an irreversible brain injury. Follow the link to read more about this birth injury verdict.

When medical providers fail to perform c-sections and other interventions during childbirth, in a timely manner, they risk causing serious birth injuries such as birth hypoxia and cerebral palsy. Fetal distress is detectable when an infant’s heart rate is abnormal. If a labor and delivery team suspects fetal distress, they should immediately perform interventions to prevent serious injury. When providers fail to do so, a baby can suffer lifelong injuries or death.

Awards for birth injury cases are often high because they take into consideration both economic and non-economic damages. In most instances, the verdict or settlement will be determined by calculating proven damages, such as past and future medical expenses and loss of potential earnings. They also take into account pain and suffering and loss of normal life, or disability and disfigurement damages. The Chicago birth injury attorneys at Levin & Perconti have received compensation for families in a number of birth injury cases, including a $6.71 million Cook County birth injury verdict for a child who suffered a serious brachial plexus injury. If you believe that your child has suffered a birth injury as a result of a medical provider’s negligence, please contact us to discuss your potential claim.

February 15, 2010

Jury Awards $23.2 Million in Cerebral Palsy Birth Injury Case

A jury recently found a medical clinic and hospital negligent and awarded $23.2 million to the family of Kylie Rodgers, a two-year-old victim of medical malpractice. Kylie suffers from numerous permanent conditions resulting from her traumatic birth in June of 2007, which will require treatment for the rest of her life, including spastic quadriplegic cerebral palsy, cortical impairment, neurological difficulties, and seizures.

Although it may sound large, verdict amounts such as this are not uncommon in birth injury cases, especially those involving a serious, permanent injury such as cerebral palsy, because the award has to pay for the lifetime of medical care that the injured babies require. In fact, $1.7 million of the verdict in this case was awarded just to pay for the healthcare expenses that Kylie already incurred in the first two years of her life.

Click the following link to read more about Kylie and this birth injury verdict.

November 9, 2009

$25 Million Verdict Awarded for Botched Birth in Cook County Medical Malpractice Trial

A $25 million jury verdict was recently awarded in a Cook County medical malpractice trial to a Chicago boy who suffers from cerebral palsy resulting from his botched birth eight years ago. Payton White was deprived of oxygen during his birth at Northwestern Memorial Hospital back in August of 2001. This caused severe brain damage which in turn led to him developing cerebral palsy. The verdict ensures that Payton will receive the extensive care and treatment that he is likely to require throughout his life.

Click on the following link for more information about this Cook County cerebral palsy verdict.

November 2, 2009

Family Awarded $893,684 in Birth Injury Lawsuit

A family was awarded nearly $900,000 in a birth injury lawsuit against a hospital and two doctors. The family accused the doctors and hospital of negligence in the handling of the woman’s labor and delivery, which caused a permanent shoulder injury to their son. The jury awarded the family $893,684 after the seven-day trial including $110,000 for future loss of earning capacity. The birth injury lawsuit alleged that the doctors should have known that the baby would likely weigh more than 10 pounds at delivery. As a result of this inaction, the baby’s shoulder got stuck behind his mother’s pubic bone after his head was delivered. This prevented his body from easily following his head during delivery. The birth complication caused injury to the nerves in the baby’s shoulder when his nerves were stretched. He has suffered permanent injuries, pain and suffering, disability and expenses as a result of the limited strength, dexterity and motion in his shoulder. To read more about the birth injury trial, please click the link.

November 1, 2009

Judge approves $6 Million Settlement for Birth Injury Lawsuit

A judge has approved a $6 million birth injury settlement against a hospital on behalf of a 4-year-old who suffered injuries during his birth. The boy has cerebral palsy due to the neurological injuries he suffered during his birth at the local medical center. The settlement is the largest-ever medical malpractice settlement against this hospital. The amount reflects the costs of lifetime medical and attendant or assistive-care for the injured child as well as his inability in the future to earn income. The mother had entered the hospital for a routine birth and the doctors ignored all signs of distress during the later hours of labor and did not recognize the problem until the birth. This type of birth injury should have never occurred. To read more about the birth injury settlement, please click the link.

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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 12, 2009

$5.75 Million Settlement for Cerebral Palsy Birth Injury

A 4-year old boy who suffered severe brain damage from birth injuries at the University of California, Davis Medical Center has reached a $5.7 million settlement with the hospital. A medical malpractice lawsuit was filed on behalf of the child alleging that the hospital’s negligence caused the boy to develop cerebral palsy. Attorneys for the University of California Board of Regents have called this the largest medical malpractice settlement paid by the university.

Read the article in the Sacramento Bee for more information on this birth injury settlement.

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September 1, 2009

Court Ruling May Expand Cases Covered by Newborn Injury Fund

A Florida appeals court ruling this month may significantly broaden the number of brain injuries covered by a “no fault” insurance fund for birth-related injuries. Attorneys for the fund, which is paid for by doctor and hospitals known as the Florida Birth-Related Neurological Injury Compensation Association, or NICA, plan to ask the court of appeal to clarify the ruling. The presumption of the ruling is that medical malpractice claims should be covered under NICA and should also be applied to doctors and hospitals that are defendants in such cases. In its ruling, the court also said that neurological injuries that “manifest at a later date” can also be compensated by the fund which relies on annual assessments from doctors and hospitals as well as membership dues from obstetricians. The goal of the NICA was to lower the cost of medical malpractice insurance for those who deliver babies and providing compensation for a limited number of catastrophic injuries including death. These cases are not compensable through traditional litigation. Illinois should consider adopting a fund that helps victims of birth injuries. To read more about the change in birth injury compensation, please click the link.

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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.

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.

November 21, 2008

Cerebral Palsy Malpractice Lawsuit Results in $20.5 Million Verdict

A jury awarded a child with cerebral palsy $20.5 million in a medical malpractice lawsuit that was filed as a result of mistakes that occurred at the time of the child’s birth. The case involved the June 2001 birth of a boy who has been diagnosed with cerebral palsy. The family alleged that the disability was caused by damage to the brain during a four hour delay in his delivery. The medical malpractice lawsuit states that after the mother arrived at the Community Medical Center she was hooked up to a fetal monitoring system which demonstrated that the baby was in distress, yet the doctor did not arrive to deliver the child for approximately two hours, and even after his arrival, attempts were made to induce labor instead of doing an emergency caesarean section. Cerebral palsy is a motor disability which is caused by brain damage that can occur before, during or immediately after birth. The family successfully argued that the doctor and hospital’s failure to do an immediate c-section resulted in a lack of oxygen to the baby’s brain, which resulted in the permanent brain damage. Cerebral palsy is a motor disability which is caused by brain damage that can occur before, during or immediately after birth. The family was able to successfully argue that the doctor and hospital’s failure to do an immediate c-section resulted in a lack of oxygen to the baby’s brain, which resulted in the permanent brain damage. The boy is now 7 years old, requires 24 hour care, is unable to use his hands, is mentally retarded, blind and functions at the level of a 9 month old. The cerebral palsy malpractice lawsuit awarded the family $2 million for past expenses incurred by the parents and $18.5 million for the child’s pain and suffering, lost earning capacity and future medical expenses. To read the full story, click here.

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 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.

October 10, 2008

Jury Awards $4.25 Million in Cerebral Palsy Birth Injury Lawsuit

A jury found a hospital liable for medical malpractice and awarded $4.25 million to the family of a girl who, after a traumatic birth, was born with Cerebral Palsy and brain damage. The baby’s heart rate began to drop while the mother was lying in a hospital bed but the doctor had gone home for dinner. By the time another doctor arrived and performed an emergency Cesarean Section, the baby had been deprived of oxygen for 20 minutes.

The jury found that the hospital ignored signs of fetal distress, failed to notify a doctor in time to perform a timely emergency C-Section, and that this delay caused the child’s injuries.

The jury awarded compensation for past and future medical expenses, lost future earnings and pain and suffering.

For the full story, click here.