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Articles Posted in Birth Injury

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Two-Year Statute of Limitations Applies to Minors Under the Federal Tort Claims Act; Arteaga v. United States

The Seventh Circuit U.S. Circuit of Appeals has affirmed a decision by a federal court judge regarding the statute of limitations in Federal Tort Claims Act cases.  In this case, the plaintiff’s attorney did not inform the plaintiff that the two-year statute of limitations for claims filed under the Federal…

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Cook County Verdict for Doctor in Death of Delivery of Baby Girl

Disha Mookherjee was in her first pregnancy at age 30.  She was seeing the defendant, OB/Gyn physician Elizabeth Nye, M.D., for her prenatal care. Disha was also a physician — a cardiology fellow at Rush University Medical Center. Because Dr. Nye had concerns regarding low amniotic fluid and abnormally slow fetal…

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No Certainty in Predicting Life Expectancy for Cerebral Palsy Children

Cerebral palsy (CP) is a syndrome with several mechanisms. A child with cerebral palsy has disorders of movement or posture.  This occurs during early development and may be associated with a birth injury. Most diagnoses of severe CP are made within the first months after birth.  By definition, CP is the term…

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HBO Documentary Shows Different Perspective on Personal Injury Cases and Medical Malpractice Lawsuits

When people think of frivolous lawsuits, most instantly think of the burn injury lawsuit brought by Stella Liebeck against McDonald’s. However, “Hot Coffee,” an HBO documentary, asks viewers to rethink their perceptions of the McDonald’s lawsuit and exposes several other misconceptions about additional types of legal matters. The HBO documentary…

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Forum Non Conveniens Motion Denied in Illinois Birth Defect Case – Erwin v. Motorola, Inc.

The Illinois Appellate Court has affirmed a ruling by a Cook County associate judge who denied a forum non conveniens challenge brought by Motorola in Joseph Erwin, Jr., et al. v. Motorola, Inc., No. 1-09-2847. The Illinois birth injury lawsuit involved allegations that the plaintiffs’ children suffered birth defects as…

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Illinois Birth Injury Lawsuit Criticizes Nurses For Chain of Command Breakdown – 9.5 Million Settlement in The Northern Trust Company, et al. v. Ghia, et al.

An Illinois birth injury case involving allegations that a delayed cesarean section resulted in the baby’s cerebral palsy and spastic quadriplegia recently settled for $9.5 million while the trial was underway. The Northern Trust Company, et al. v. Ghia, et al., 04 L 7500. Like many birth injury lawsuits, the…

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Illinois Birth Injury Case to Be Retried: Will Include Previously Barred Expert Testimony

The Illinois appellate court recently overturned a $12 million Illinois medical malpractice jury verdict, ordering a new trial with a new jury. The new trial involving Northern Trust Co., et al. v. Burandt, et al., No. 2-08-0193, will include evidence brought by defendant’s medical expert that had been barred from…

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Chicago Birth Defects Result of Medical Malpractice: Claim Filed Under Federal Tort Claims Act

Complications during childbirth may lead to severe injuries if they are untreated or treated incorrectly. In a Chicago birth injury case, the family of a six year-old quadriplegic boy filed a lawsuit against the United States under the Federal Tort Claims Act, or FTCA, claiming that medical malpractice during childbirth…

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Chicago Birth Injury Case Settled: Delay in Delivery Results in Severe Brain Damage to Baby

During labor and delivery minutes can sometimes be the difference between a good outcome and a poor outcome. So consider the case of a Chicago mother who was forced to wait over two hours before her baby was finally delivered. A recent Chicago birth injury malpractice case settled with Northwestern…

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