$12 Million Jury Verdict for Birth Injury Caused by Failure to Discontinue Blood Pressure Medication

Terri Franklin had a history of hypertension. For that condition, she was prescribed Benicar. When she became pregnant at age 30, she continued to take Benicar while receiving prenatal care from obstetrician Dr. Alvin Sermons.

Her baby had a stroke in-utero, and after the birth, the baby was diagnosed as having brain damage, skull abnormalities, and intestinal and kidney problems. It is likely that the child will require a kidney transplant in the near future.

Franklin and the child’s father, individually and on the child’s behalf, sued Dr. Sermons and his practice, Dunwoody Obstetrics & Gynecology P.C., alleging that Dr. Sermons had negligently allowed Franklin to continue on the blood pressure medication while she was pregnant.

The Franklin family claimed that Dr. Sermons chose not to inform her of the known risks to her unborn baby about the risks of this medication.

The defendants argued that Dr. Sermons had told Franklin to discontinue the Benicar during her pregnancy.

The jury signed a verdict in favor of the Franklin family for $12 million finding that Franklin was 46% at fault. The jury’s verdict included $1 million for medical expenses and $11 to the child. Post-trial motions are pending.

The attorneys handling this case for the Franklin family were John M. Howard, Geoffrey E. Pope and Darren Summerville.

Franklin v. Dunwoody Obstetrics & Gynecology, P.C., No. 12 A 44447 (Ga. St. Ct. DeKalb County).

Kreisman Law Offices has been handling labor and delivery negligence lawsuits, obstetric negligence cases, birth trauma injury lawsuits, brain injury cases and birth injury lawsuits 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 40 years in and around Chicago, Cook County and its surrounding areas, including Addison, Wheaton, Aurora, Woodridge, Bolingbrook, Romeoville, Orland Park, New Lenox, Joliet, Batavia, Geneva, Elgin, Carpentersville, Lake Zurich, Lake Forest, Highland Park, Olympia Fields, Chicago (Hyde Park, Little Village, Near West Side, Back of the Yards, Thornton, East Garfield Park, West Town, Bucktown, Belmont Cragin, Near North Side, River North, Little Italy, North Lawndale, West Garfield Park), Forest Park, Oak Park, River Grove, Schiller Park, Park Ridge, Des Plaines, Glenview, Northbrook and Northfield, Ill.

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