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Articles Posted in Birth Injury

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$3.2 Million Settlement Reached for Brain Damaged Child for Failure to Diagnose Herpes

Vonshelle Brothers received her prenatal care, including a Pap smear, at the Brevard County Health Department. A cytopathologist allegedly interpreted the Pap smear as having cellular changes consistent with the herpes simplex virus. However, a health department nurse reported that the test was normal. Her obstetrician did not look at…

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Jury Verdict Reversed When Juror Should Have Been Disqualified for Bias

In this medical malpractice case, an appeal was taken by the plaintiff after a jury verdict was entered in favor of the defendant, Mercy Hospitals East, claiming that the trial court abused its discretion. The claim was made that the court chose not to strike for cause a venireperson after…

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Illinois Appellate Court Reverses Dismissal of Birth Trauma Injury Case Based on Informed Consent

In August 2015, the plaintiffs, Kristopher Crim and Teri Crim, acting on behalf of their biological son, Collin Crim, filed a medical malpractice lawsuit against the defendant physician, Dr. Gina Dietrich, claiming that she chose not to comply with the standard of care applicable to an obstetrician. The Crims claimed…

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Appellate Court Reverses Trial Judge Who Improperly Excluded Expert Testimony as Cause of Brachial Plexus Injury

A Wisconsin appellate court has ruled that a trial judge improperly excluded a defendant physician’s expert testimony. The expert wanted to testify about the maternal forces of labor being a cause of the plaintiff child’s brachial plexus injury. In this case, Leah Bayer and her husband filed a lawsuit against…

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Choosing Not to Timely Diagnose Fetal Abnormalities Leads to $1.4 Million Cook County Jury Verdict

Irena Dujmovic-Terman was seven weeks pregnant when she began prenatal care with the defendant obstetrician and gynecologist, Dr. Elliot Levine on Feb. 1, 2008. She was 37 years old at the time. Because of her advanced maternal age, Dr. Levine recommended genetic testing for fetal anomalies. The patient agreed at…

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Jury Finds in Favor of Doctor in Shoulder Dystocia Injury Case

On June 6, 2006, the newborn baby, America Camacho, was delivered by the defendant obstetrician, Dr. Sonya Thomas, at Norwegian American Hospital in Chicago. Baby America weighed 10.5 pounds at birth. A medical negligence lawsuit was filed against Dr. Thomas and Norwegian American Hospital. The family of America maintained that…

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$44.11 Million Jury Verdict Reduced in Case of Gestational Carrier Who Caused Death of Infant

Andrew and Marni Hotchkiss, a couple in their 30s, were struggling with infertility. They consulted an obstetrician and infertility physician, Dr. Siu Ng-Wagner. The couple and the doctor agreed to use a gestational carrier. As the Hotchkiss family selected potential surrogates online, the couple sent these candidates to Dr. Ng-Wagner…

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Illinois Appellate Court Upholds Doctrine of Apparent Authority in Medical Negligence Lawsuit

Christina Yarbrough and David Goodpaster brought a medical negligence lawsuit against Northwestern Memorial Hospital (NMH) and Northwestern Medical Faculty Foundation (NMFF) after the premature birth of their daughter, Hayley Joe Goodpaster. This case came to the Illinois Appellate Court by the request of NMH regarding the doctrine of apparent authority…

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$4.3 Million Settlement for Medical Negligence that Caused Brain Damage to Baby from Inadequate Oxygenation

In a significant birth trauma injury case, the mother was given Pitocin while in delivery at the hospital. Labor was more than 14 hours. It was managed by two resident physicians and an attending physician. There were signs of uterine hyperstimulation, which was alleged to have occurred hours before the…

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Jury Enters $50 Million Verdict for Horribly Injured Mother in Botched Delivery of Baby

Llulin Cruz, 31, was admitted to St. Barnabas Hospital to deliver her first child. The attending obstetrician was Dr. Michael Ihemaguba, who performed a midline episiotomy after he delivered the baby’s head. Dr. Ihemaguba then told Cruz to continue pushing. This resulted in a fourth-degree laceration, which Dr. Ihemaguba then…

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