Untimely Performance of Cesarean Section Results in Confidential Settlement

Doe’s mother received some of her prenatal care at a federally funded healthcare program. Doe’s mother was admitted to a hospital for induction of labor at more than 40 weeks gestation.

The next day, the fetal monitor allegedly showed prolonged and late decelerations. Approximately two hours later, Baby Doe was delivered by cesarean section.

Doe’s Apgar scores were 1 at 1 minute and 4 at 5 minutes. He was diagnosed as having suffered hypoxic-ischemic brain damage. Doe is now 5 years old and requires 24/7 care. Doe’s family and guardians filed a lawsuit against the United States under the Federal Tort Claims Act. The family alleged negligence by one provider and the hospital. The suit also alleged negligence by another provider and maintained that the provider failed to perform a timely cesarean section that would have prevented the child’s brain damage.

Before trial, the parties settled confidentially without revealing the amount of the settlement.

The attorney handling this case for Doe and family was Charles L. Falgiatano.

Doe v. United States, No. 5:21cv00327 (N.D. N.Y.)

Kreisman Law Offices has been handling birth injury lawsuits, brain damage lawsuits, traumatic brain injury cases, wrongful death lawsuits, and obstetrician negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 48 years in and around Chicago, Cook County and its surrounding areas, including Franklin Park, Wheeling, Hoffman Estates, Northfield, Morton Grove, Schaumburg, Bartlett, Hanover Park, Maywood, Bridgeview, Chicago (South Shore, Hyde Park, Englewood, Austin, Marquette Park, Chicago Lawn, Ashburn, Avalon Park, Calumet Heights, West Pullman, Roseland, South Loop, Streeterville, East Garfield Park, Humboldt Park, Wrigleyville), River Grove, Berkeley, Crestwood, and Villa Park, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.