At the end of her pregnancy, Ms. Doe experienced bleeding and pain. She went to the triage unit of Grove Hospital where she was seen by a midwife and first-year resident. Ms. Doe was attached to a fetal monitor system, which showed decreased variability and some deceleration. Although allegedly called,…
Chicago Birth Injury Lawyers Blog
U.S. Court of Appeals Affirms Summary Judgment for Government in Federal Tort Claim Act in Brachial Plexus Birth Injury
In a Federal Tort Claims Act lawsuit alleging that the plaintiff’s child sustained permanent injuries to the arm during birth, the district court judge found that the lawsuit was filed after the applicable two-year limitations. The records show that (1) the doctor told the plaintiff mother that the delivery plan…
$225,000 Settlement for Failure to Monitor Infant’s IV
In 2017, after Doe’s birth at King’s County Hospital Center, the baby was admitted to the facility’s NICU for glucose monitoring. Doe had an IV placed in her left foot and suffered an infiltration that resulted in blistering, swelling, necrosis and permanent scarring. Doe’s father, on her behalf, sued the…
$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…
$3 Million Structured Settlement Reached in Failure to Timely Deliver Infant, Wrongful Death, and Treat High Blood Pressure
Ms. Doe, 34, was admitted to a hospital experiencing signs and symptoms of placental abruption and preeclampsia. Although the fetal heart monitor allegedly revealed signs of fetal distress, no action was taken promptly to deliver her baby. Unfortunately, the baby died later in Ms. Doe’s womb. That night, Ms. Doe…
$6.5 Million Structured Settlement Reached in Negligent Intubation Lawsuit
Clara Roman was born prematurely. Several months after her delivery, she was admitted to Jersey Shore University Medical Center to undergo repair of an inguinal hernia. A week after the surgery, Clara’s parents returned her to the hospital for treatment of a recurrent bulge. The anesthesiologist, Dr. William Rahal, intubated…
$365,000 Structured Settlement in Brachial Plexus Birth Injury Case
During delivery at a hospital, newborn Destiny Coleman suffered a brachial plexus injury. The baby’s mother, individually and as her guardian, filed a lawsuit against the estate of Dr. Robert Lipari, the obstetrician who delivered her. He is now deceased. The lawsuit alleged obstetrics medical negligence. The defense argued that…
Illinois Appellate Court Reverses $50.3 Million Jury Verdict in Birth Injury on Trial Error Made as to Late Discovery Disclosures
Julien Florez was born on March 22, 2009. His mother, Aimee Florez, was admitted to Evanston Hospital just after noon that day, five days after her due date. All tests and ultrasounds registered normal. After a procedure to break her water, Julien experienced a prolonged deceleration in fetal heart rate…
Illinois Appellate Court Reverses Birth Injury Medical Malpractice Jury Verdict on the Basis of Faulty, Discovery Issues, and Misleading Jury Instructions
The Illinois Appellate Court for the First District vacated the decision of a Cook County Circuit Court and a jury verdict. Marilyn Perez began treatment with a fertility specialist in September 2011. On Aug. 11, 2012, she went into St. Alexius Medical Center emergency room with pelvic pain, and she…
State Appellate Court Holds That Refusal to Excuse Juror with Connection to Defendant Physician Not an Abusive Discretion
A Washington State Appellate Court held that a trial court had not abused its discretion in allowing a juror with a connection to the defendant doctor to serve on a jury in a medical malpractice case. In this case, a child and his parents sued the obstetrician, Dr. Kevin Harrington,…