$9.9 Settlement Reached for the Brachial Plexus Injury and Brain Damage to Newborn Who Now Suffers Spastic Quadriplegia Cerebral Palsy

During delivery of newborn Sophie Vergara at Kaiser Permanente San Francisco Medical Center, there were signs of fetal distress. Nonetheless, the Kaiser treating medical providers continued with a vacuum-assisted delivery.

As a result of this difficult delivery, Sophie Vergara suffered a brachial plexus injury and brain damage that necessitated resuscitation and treatment with seizure medication.

Sophie is now 6 years old and has been diagnosed as having spastic quadriplegia cerebral palsy, which requires 24-hour-per-day medical attention.

Sophie’s parents together, and her father on her behalf, sued the Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc. and The Permanente Medical Group Inc. alleging that they all chose not to timely diagnose, recognize and respond to fetal distress and that they decided not to perform an emergency cesarean section to rescue Sophie, who was in fetal distress.

Before trial, the parties settled for approximately $9.9 million, which included $250,000 to Sophie’s parents.

The attorneys who successfully handled this tragic lawsuit were Michael A. Kelly and Christian R. Jagusch.

In re: Sophie Vergara, No. CPF-18-516366 (Cal. Super. Ct. San Francisco County).

Kreisman Law Offices has been handling cerebral palsy injury lawsuits, traumatic brain injury cases, birth injury lawsuits, labor and delivery negligence lawsuits and wrongful death cases 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 Morton Grove, Schiller Park, Schaumburg, Arlington Heights, Lincolnshire, Vernon Hills, Lake Bluff, North Chicago, Grayslake, Round Lake Beach, Waukegan, Joliet, Crystal Lake, Lake Barrington, Lake Zurich, Hoffman Estates, Hawthorne Woods, Bloomingdale, Franklin Park, Orland Park, Country Club Hills, South Holland, Chicago (Back of the Yards, Logan Square, West Town, Wicker Park, Lincoln Park, Uptown, Edgewater, Bronzeville, Albany Park, Rogers Park, West Ridge, Edison Park), Harwood Heights, Norridge, Elmwood Park and Elmhurst, Ill.