Illinois is not one of the many states that have enacted non-economic damage caps on medical malpractice lawsuits. However, Illinois lawmakers have three times voted to enact such laws; each was found unconstitutional for a variety of reasons. According to a paper completed by Rutgers Law School Professor Sabrina Safrin,…
Chicago Birth Injury Lawyers Blog
$5 Million Confidential Settlement for Birth Injury in Failure to Treat Group B Strep Infection
In this confidential settlement, the case arose after Ms. Doe was admitted to a hospital in pre-term labor at 29 weeks gestation. During her 39-hour admission, she received medication to prevent a premature delivery. The hospital staff then discharged her. One day later, laboratory results revealed that she had an…
Illinois Jury Finds for Obstetrician in Birth Injury Lawsuit Claiming Cesarean Section Should Have Been Done
On July 8, 2003, Madison Drake was delivered by obstetrician Dr. Timothy Durkee at Swedish American Hospital in Rockford, Ill. During the vaginal delivery of this newborn, a shoulder dystocia was encountered. Essentially that means that the baby’s shoulder was caught or stuck on the mother’s pubic bone. Dr. Durkee…
Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father’s Exposure to Toxic Chemicals
Sarina Finzer and Jeremy Hardison were born with severe birth defects. Their disabilities were claimed to have been caused in utero by their fathers’ exposure to toxic chemical fumes and airborne substances during their employment at Motorola Inc.’s semiconductor manufacturing plants in Arizona and Texas. The parents of these children…
$23.13 Million Verdict Entered for Brain Damage Caused by Untimely Blood Transfusion to Newborn
Rebecca Kerrins, 38, was admitted to Palos Community Hospital in the Chicago suburb to deliver her second child. Following labor, she reported feeling a gush of blood. This was later diagnosed as a placental abruption. Because of the placental abruption, her daughter lost up to 60% of her blood supply…
$42 Million Medical Malpractice Birth Injury Lawsuit to be Paid by Government
The United States government has withdrawn its appeal after a U.S. District Court judge in Pennsylvania signed a judgment order in the amount of $42 million for the parents of a young boy who was disabled from brain injuries apparently caused by the use of forceps during his birth. Regan…
$4 Million Jury Verdict for Mother’s Postpartum Hemorrhage
Maria Gabriel-Gelin, 35, was admitted to a hospital to deliver her fourth baby by Cesarean section. During labor and delivery, the treating obstetrician noted that she had an atonic uterus and a hole in her small bowel, which needed to be surgically repaired. She also suffered from anemia. She lost…
U.S. Court of Appeals Affirms Summary Judgment for United States in Medical Malpractice Lawsuit Under the Federal Tort Claims Act
John Lipsey filed a lawsuit on behalf of his minor daughter, J.L., for injuries suffered by her at birth. The United States federal district court judge granted summary judgment in favor of the defendants who were sued for medical negligence under the Federal Tort Claims Act (FTCA). On June 8,…
Appellate Court Finds That Failure to Transfer Venue Was Not Prejudicial in Affirming $38 Million Jury Verdict
Abbott Laboratories Inc. appealed the Circuit Court of the City of St. Louis’s judgment on the jury’s verdict in the total amount of $38 million to Maddison Schmidt for her personal injury lawsuit. Of that total amount, $15 million was for compensatory damages; $23 million was for punitive damages. Abbott…
Early Induction of Labor Causes Hypoxic Ischemic Encephalopathy of Newborn Baby – $2.5 Million Settlement
Elien Lorenzo received prenatal care from Dr. Nelson Alvarez-Reyes, M.D., an obstetrician employed by the federally funded clinic. During her prenatal care, she received several ultrasounds at this clinic. One of the ultrasound reports estimated a delivery date based on her last menstrual period. The calculation of the delivery date…