$1.3 Million Settlement for Failure to Timely Deliver Infant

At three different obstetrics appointments during the 37th and 38th week of pregnancy, Ms. Doe’s blood pressure readings showed hypertension. When she returned for another appointment toward the end of her 38th week, she had severe hypertension and decreased fetal movement.

Ms. Doe was sent to a hospital where the fetal heart monitor showed the fetal heart rate of 140 beats per minute, minimal to absent variability, and late decelerations.

The attending obstetrician ordered diagnostic testing and then attended to another patient. By the time Ms. Doe underwent a Cesarean section about two hours later, the fetal heart rate had dropped to zero.

Ms. Doe’s newborn daughter showed no signs of life for 16 minutes following her birth. The baby was diagnosed as having suffered a fetal-maternal hemorrhage, severe hypoxic-ischemic encephalopathy, anemia, meconium aspiration syndrome and growth restrictions. Unfortunately, the baby died after 25 hours and was survived by her parents.

Ms. Doe’s lawsuit against three obstetricians and their practice alleged they chose not to timely deliver the baby. Ms. Doe asserted that, in accordance with American College of Obstetricians and Gynecologists (ACOG) recommendations, Ms. Doe should have been offered the option to deliver after the hypertension was discovered during the first three appointments. In addition, Ms. Doe claimed that she should have had a prompt delivery and intrauterine resuscitation when the fetal monitor showed decreased fetal movement and other ominous signs.

Before trial and in mediation, the parties settled this lawsuit for $1.3 million.

The attorneys handling this tragic case were Ann LaCroix Jones and Donna Miller Rostant.

Doe v. Roe Obstetrician, Confidential Docket.

Kreisman Law Offices has been handling birth trauma injury lawsuits, obstetrician negligence cases, labor and delivery negligence lawsuits and maternal death 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 45 years in and around Chicago, Cook County and its surrounding areas, including Bensenville, Barrington, Prospect Heights, Mount Prospect, LaGrange, Bolingbrook, Lockport, Tinley Park, Country Club Hills, Olympia Fields, Chicago Heights, South Holland, Melrose Park, Chicago (Bucktown, Lincoln Park, Ravenswood, Albany Park, Old Irving Park, Kelvyn Park, Belmont Cragin, Belmont Central, Hermosa, Irving Park East, North Mayfair, Sauganash), Lincolnshire, Northfield, Glenview, Lake Forest, Waukegan, Libertyville and Romeoville, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.