$6.5 Million Jury Verdict in Mismanaged Delivery and Wrongful Death Lawsuit

At 37 weeks gestation, Jomayra Rodriguez, 31, was admitted to Yale New Haven Hospital. Rodriguez, whose baby had abdominal ascites in his stomach, was then induced. Abdominal ascites is a condition in which fluid collects in spaces within the abdomen. As fluid collects, it can affect a patient’s lungs, kidneys and other organs. Ascites can cause abdominal pain, swelling, nausea, vomiting and often other physical ailments.

Rodriguez’s labor continued for three days but did not progress. Although she was scheduled for a cesarean section, the induction process was first restarted. Her baby suffered shoulder dystocia and then abdominal dystocia. Unfortunately, the baby died in Rodriguez’s uterus.

Rodriguez, individually and on behalf of her son, sued Yale University alleging wrongful death and mismanagement of the delivery. The Rodriguez family asserted that the defendant hospital should have performed a timely cesarean section considering the size of the baby, which exceeded the 90th percentile, or a timely abdominal paracentesis. Abdominal paracentesis is usually a simple bedside procedure in which a needle is inserted into the peritoneal cavity to remove the ascitic fluid.

After a jury trial, the panel signed a verdict for $6.5 million including $1.5 million for the child’s wrongful death.

The attorney successfully handling this tragic lawsuit was Jeffrey Cooper.

Rodriguez v. Yale New Haven Health Services Corp., No. NNH-CV-18-6079678 (Conn. Super. Ct. New Haven).

Kreisman Law Offices has been handling wrongful death lawsuits, birth injury lawsuits, traumatic birth injury lawsuits, and hospital 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 45 years in and around Chicago, Cook County and its surrounding areas, including Oakbrook Terrace, Burbank, Darien, Itasca, Bloomingdale, Morton Grove, Arlington Heights, Libertyville, Deerfield, Chicago (Belmont Central, Humboldt Park, Back of the Yards, Hyde Park, Wrigleyville, Chatham, Chicago Lawn, Jackson Park, Douglas Park, Little Village), Lombard, Orland Park, Tinley Park and Crystal Lake, Ill.

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