$15.34 Million Jury Verdict for Negligence in High-Risk Delivery

Zoila Fuentes Medina was admitted to the Brooklyn Hospital Center to deliver her baby. During her prenatal treatment at the hospital’s high-risk clinic, concerns were raised about possible macrosomia. Macrosomia is a condition in which a fetus has a predicted birth weight of more than 8 lbs. 13 oz. Suspected fetal macrosomia is not an indication for induction of labor. Induction in a macrosomia condition does not improve maternal or fetal outcomes.

A sonogram taken before her admission revealed that her baby was above the 90th percentile in size. First-year resident Dr. Patrick Ellis attended to the delivery under the supervision of on-call physician Dr. Yves Richard Jean-Gills.

Medina’s baby became caught on her pubic bone when delivery was attempted. Dr. Ellis applied extreme force to the baby’s head and neck. As a result, the baby suffered a brachial plexus injury that resulted in permanent Erb’s palsy.

The baby now has paralysis and limited strength and range of motion in her left arm necessitating physical therapy. Baby Medina is now 11 years old and continues to require regular medical exams and therapies to help her complete activities of daily living.

Medina, on behalf of her daughter, sued Dr. Jean-Gills alleging that he breached the standard of care by choosing not to offer a cesarean delivery and implement a shoulder dystocia delivery plan.

The Medina family also alleged that Dr. Jean-Gills should not have assigned resident Dr. Ellis to participate in a high-risk delivery.

The jury signed a verdict in favor of the Medinas for more than $15.3 million apportioning liability at 80% to Dr. Jean-Gills and 20% to Dr. Ellis.

The Medina attorneys successfully handling this case for the family were Joseph M. Lichtenstein and John Appell.

At trial, the Medina family attorneys presented experts in pediatric rehabilitation, vocational rehabilitation, life care planning and obstetrics. The defendants presented an expert in obstetrics.

Medina v. Jean-Gills, No. 13345/2008 (N.Y. Sup. Ct. Kings County).

Kreisman Law Offices has been handling birth trauma injury lawsuits, cerebral palsy injury lawsuits, brachial plexus cases and medical malpractice lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Oak Lawn, Bedford Park, Hickory Hills, Palos Heights, Arlington Heights, Berwyn, Round Lake Beach, Norwood Park, Lemont, Lansing, Niles, Chicago (Chinatown, Pulaski Park, Printer’s Row, Princeton Park, Portage Park, Pilsen, Old Town Triangle, Gold Coast, Greek Town, Horner Park, Humboldt Park, Hyde Park, Kenwood, Wrigleyville, Wicker Park, West Loop, Belmont Central, Armour Square, Archer Heights), Lincolnshire, Hinsdale, Joliet, Aurora and Skokie, Ill.