On June 29, 2016, a 12-person Chicago medical malpractice jury returned its verdict in favor of the plaintiffs in the amount of $53 million for the severe and permanent brain injury resulting in cerebral palsy suffered by a newborn who was delivered at the University of Chicago Medical Center in 2004.
The Chicago medical malpractice jury award included $28.8 million for future care-taking expenses and $7.2 million for future medical expenses for the now 12-year-old child who is confined to a wheelchair and must rely on his mother for his activities of daily living, including feeding and dressing him.
When the mother went to the defendant hospital at about 40 weeks of her pregnancy, she reported that she felt decreased movement of her baby. The plaintiffs’ Chicago medical malpractice complaint claimed that the hospital committed medical negligence during the labor and delivery that included the failure to perform an earlier, timely Cesarean section delivery that the plaintiffs alleged would have avoided the newborn’s brain injury. The defendant hospital argued to the jury that the baby had suffered an infection in the womb that led to his brain injury earlier in the pregnancy for which it was not responsible, citing to the newborn’s normal blood oxygen level at birth.
The plaintiffs’ Chicago medical malpractice lawsuit identified many alleged medical errors committed by the hospital, including the negligent failure to properly monitor both the mother and the baby, the failure to timely perform a Cesarean delivery, the failure to obtain accurate cord blood gases, and the failure to properly react to abnormal fetal heart rate patterns that indicated that the baby may be suffering hypoxia.
The Chicago medical malpractice jury’s verdict, if upheld after post-trial motions and possible appeal, will help the boy’s mother provide for her son. As of now, the boy’s mother has to carry her son up and down the stairs in her two-story townhouse and has to bathe him and assist him in going to the bathroom.
The defendant hospital sought a mistrial as a result of the plaintiffs’ attorney’s closing argument during which the plaintiff’s attorney argued to the jury, according to the defendant hospital, that the hospital’s defense was built on a falsehood and that the hospital’s conduct and the testimony of its witnesses during trial were equivalent to “the propaganda techniques notoriously and unmistakably associated with Nazi Germany.” The defense argues that the plaintiffs’ attorney’s closing argument thereby crossed the line between permissible and impermissible argument that made it impossible for the defendant hospital to receive a fair trial before the Chicago medical malpractice jury.
If you or a loved one suffered serious harm as a result of a Cesarean delivery (or the failure to timely and properly perform a Cesarean delivery) in Chicago or elsewhere in the United States, you should promptly find a birth injury lawyer in Chicago or in your location in the United States who may investigate your birth injury claim for you and represent you and your child in a birth injury case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find birth injury lawyers in your state who may assist you.
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