Articles Posted in Verdicts and Settlements

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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.

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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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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.

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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.

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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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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.

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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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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.

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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.

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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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