The Illinois Appellate Court for the Fourth District reversed a jury’s verdict for defendants, which included OSF Healthcare System, in the Circuit Court of McLean County. The case centered around an injury and subsequent death of a 3-year-old boy, Christian Rivera, in 2003. The jury trial was held in July…
Articles Posted in Birth Injury
Illinois Jury Finds for Doctor in Newborn Brain Injury Case; Eckstein v. Gallo
In June 1991, Amanda Eckstein was born at Good Samaritan Hospital and delivered by defendant and obstetrician, Martin Gallo, M.D. In the plaintiff’s complaint, it was alleged that Dr. Gallo should have ordered a Cesarean section rather than a vaginal delivery with forceps. Ms. Eckstein alleged that there was evidence…
Supreme Court Finds that Cap on Noneconomic Damages Violates Right to Trial by Jury; Watts v. Lester E. Cox Medical Center
The Missouri Supreme Court has found that the statute that limits noneconomic damages in medical malpractice cases to $350,000 unlawfully infringes on a jury’s constitutional right to determine the amount of damage that a person has sustained from medical negligence. In this Missouri case, Deborah Watts filed suit for medical…
Doctor Questions Decision to Resuscitate Very Premature Newborns
A hospital’s neonatal intensive care unit is the triumph of modern medicine’s investment in technology, pharmacy and know-how, says Dr. Rahul K. Parikh, a pediatrician in Walnut Creek, Calif. Dr. Parikh wrote an essay published in a recent edition of the New York Times. Dr. Parikh points out that babies…
Medical Study Reveals Placental Protein Connected to the Dangers of Pre-Eclampsia
Pre-eclampsia is a medical condition that affects one in twenty pregnancies and can lead to various complications for the mother and child, including stroke, seizures, or even death. Pre-eclampsia can be diagnosed during the second trimester and occurs when the mother develops hypertension, i.e. high blood pressure, or unusually high…
Statute of Limitation Clarified by Court of Appeals – $29.1 Million Upheld in Arroyo v. United States
Just as there is a difference between state laws and federal laws, so is there a difference between medical clinics who receive federal funding and those who don’t. If a medical facility receives federal funding, its staff are considered federal employees and as such are subject to federal laws. This…
Stillbirths Still a Problem in High-Income Countries Like the U.S.
To many women, pregnancy and childbirth is a magical time that ends with the arrival of a new family member. However, for many women pregnancy and labor are anything but easy. Some women suffer difficult pregnancies and are placed on high risk status, or put on bed rest. Other women…
Brain Damaged Child Receives $7.75 Million Settlement – Louis Montes, a minor, et al. v. West Suburban Hospital Medical Center, Inc.
The use of medications to induce labor has become increasingly common over the last 50 years. Pitocin is one of the most well-known medications given to mothers to try and speed labor along. However, this drug does not come without its risks, which can include uterine rupture, more intense contractions,…
Hospital Fails to Adequately Monitor Pregnant Mother – $11.5 Million Awarded for Death of Unborn Child and Organ Loss of Mother in Miller v. Edward Hospital
A Cook County medical malpractice lawsuit was critical of a Naperville hospital for its failure to appropriately monitor the vital signs of an expectant mother. As a result of the poor monitoring by the Cook County hospital, the mother not only lost her baby, but had to undergo future surgery…
Topamax Found to Be Associated with Increased Risk of Congenital Birth Defects
Topamax is an anticonvulsant medication that is prescribed to treat epilepsy and the associated seizures, or can also be prescribed to prevent migraine headaches. Recently, the Food and Drug Administration (FDA) released a new warning about some birth defects associated with Topamax. Specifically, the drug warning states that mothers taking…