A Chicago hospital reportedly has agreed to settle birth injury medical malpractice claims against it, without admitting liability, for $15 million. The Chicago birth injury settlement was reached on July 17, 2017 and was approved by a judge before the Chicago medical malpractice lawsuit was dismissed on July 24, 2017.
The birth injury lawsuit alleged that the now 6-year-old child suffered severe irreversible brain damage during her delivery in January 2011 because the hospital staff failed to deliver her quickly enough when she showed signs of being in distress. As a result, the child suffered cerebral palsy and is unable to walk, talk, or otherwise take care of her activities of daily living. A substantial portion of the settlement proceeds is intended to pay for her anticipated extensive future medical care and other expenses that the child will incur during her lifetime.
The Chicago medical malpractice settlement will result in the child receiving $9.5 million from the settlement and her medical malpractice attorneys receiving approximately $5 million for their fee and expenses incurred in representing the child.
The crux of the Chicago malpractice claim was that the child’s mother was given too much Pitocin during her labor and as a result she experienced too many contractions that were too strong and were too close together. Despite the excessive contractions that placed the baby in serious distress, the Chicago medical malpractice birth injury lawsuit alleged that the hospital staff failed to respond appropriately and failed to perform a timely cesarean section delivery. As a result, the blood flow to the baby’s brain before her birth was restricted or stopped and caused her permanent brain injury.
According to the American College of Obstetricians and Gynecologists (ACOG), Pitocin (a brand of oxytocin) is often used to start labor when a pregnant woman is overdue, and is also used to keep a lagging labor going by increasing the frequency, duration, and intensity of uterine contractions.
A retrospective analysis of deliveries that were induced or augmented with oxytocin that included more than 3,000 women delivering full-term infants from 2009 to 2011 found that induction and augmentation of labor with oxytocin was an independent risk factor for unexpected admission to the NICU lasting more than 24 hours for full-term infants.
Overdosage Of Pitocin
The FDA warns that “The dosage of oxytocin is determined by the uterine response and must therefore be individualized and initiated at a very low level … Discontinue the infusion of Pitocin immediately in the event of uterine hyperactivity and/or fetal distress … Overdosage with oxytocin depends essentially on uterine hyperactivity whether or not due to hypersensitivity to this agent. Hyperstimulation with strong (hypertonic) or prolonged (tetanic) contractions, or a resting tone of 15 to 20 mmHg or more between contractions can lead to tumultuous labor, uterine rupture, cervical and vaginal lacerations, postpartum hemorrhage, uteroplacental hypoperfusion, and variable deceleration of fetal heart, fetal hypoxia, hypercapnia, perinatal hepatic necrosis or death.”
If you or your baby suffered a birth injury during labor and/or delivery in Chicago or elsewhere in the United States, you should promptly find a Chicago birth injury lawyer or a birth injury lawyer in your state who may investigate your birth injury claim for you and represent you and your child in a birth injury case, if appropriate.
Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find birth injury attorneys in your state who may assist you.
Turn to us when you don’t know where to turn.