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Articles Posted in Birth Injury

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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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American College of Obstetrics and Gynecology (ACOG) Replaces Friedman’s Curve

Emanuel A. Friedman M.D. introduced the Friedman Curve in 1955. In a recently submitted article written by Michigan lawyers Jesse M. Reiter and Emily G. Thomas, the authors and stalwarts of the Birth Trauma Litigation Group write that the gold standard for assessing the normal and abnormal progress of labor…

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Cook County Jury Finds for Obstetrician in Delayed Delivery Case

A Cook County jury entered its verdict in favor of the defendant obstetrician, Dr. Cynthia Page, following a trial claiming that the birth of Anthony Ruiz was delayed causing him a lifetime of cognitive deficits. The family of Anthony Ruiz, a minor, claimed in their Cook County, Ill., lawsuit that…

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State Supreme Court Affirms Plaintiffs’ Ability to Enlarge the Time to Serve Process

This was a medical malpractice and wrongful death case of a newborn baby. The issue on appeal to the Vermont Supreme Court was whether the defendants’ (two physicians and hospitals) motion to dismiss predicated on the plaintiff’s (the family of the newborn) failure to timely serve summonses on these defendants…

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Jury Verdict Favors Hospital in Newborn’s Strep Infection That Caused Meningitis and Brain Damage

On April 6, 2007,  Dramara Sviels was born at Memorial Medical Center in Springfield, Ill. During the delivery, Dramara contracted Group B Streptococcus infection, which was claimed not diagnosed before Dramara was discharged from the hospital the next day. As a result of the infection, it progressed to very serious…

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Zofran Multidistrict Lawsuits Proceed after Federal Court Denies Drug Maker’s Motion

Zofran is an anti-nausea drug.  It has been linked to serious birth defects when used during pregnancy.  In 2015, a federal panel created the special multidistrict litigation docket for victims who had been using the Zofran drug made by GlaxoSmithKline (GSK). The defendant, GSK, filed a motion in this federal…

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Timing a Baby’s HIE or Hypoxic Ischemic Encephalopathy Injury Debunks ACOG Publications

When an infant is tragically injured during childbirth by the negligence of an obstetrician, nurse wife or nurse, the defense, with few exceptions, relies on medical publications. Most of these publications come from the American College of Obstetricians and Gynecologists (ACOG). On the other hand, a plaintiff’s neuroradiology expert would…

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