Rebecca Kerrins, 38, was admitted to Palos Community Hospital in the Chicago suburb to deliver her second child. Following labor, she reported feeling a gush of blood. This was later diagnosed as a placental abruption.
Because of the placental abruption, her daughter lost up to 60% of her blood supply necessitating a blood transfusion at her birth.
Nurses paged the on-call neonatologist, Dr. Thomas Myers, every few minutes. Dr. Myers did not respond for almost an hour. He arrived at the hospital one hour and 12 minutes after the nurses first paged him.
The Kerrins’s daughter, now 6, suffers from quadriplegic cerebral palsy, hypoxic-ischemic and encephalopathy, developmental delays and epilepsy.
Kerrins and her husband sued Dr. Myers, his medical group and the hospital on behalf of their minor daughter. The lawsuit alleged agency liability for the physicians choosing not to timely come to the hospital and perform the needed blood transfusion after the placental abruption was known.
Dr. Myers’s late response delayed the transfusion for more than an hour adding that the procedure should have been started within ten minutes of the child’s birth, according to the hospital’s own policy.
Kerrins and her husband also claimed damages under the Illinois Family Expense Act.
The reported verdict was $23,186,000, including $2 million found against Dr. Myers and his medical practice and $20 million against the hospital. The theory of apparent authority was the basis for the verdict against the hospital. In addition, the court later ordered fees and costs to this verdict.
This tragic case was handled successfully by Chicago attorneys James T. Ball and John Seastrom.
At trial, the Kerrins’s attorneys engaged experts in the areas of nursing, neonatology, pediatric neurology, pediatric neuroradiology, blood banking, life care planning and economics.
This outstanding verdict and judgment will allow the Kerrins family to best maintain the health and safety of their needlessly damaged young daughter.
Kerrins v. Palos Community Hospital, et al., Circuit Court of Cook County, Ill., 2014 L 4914.
Kreisman Law Offices has been handling birth trauma injury lawsuits, birth injury cases, brain damage lawsuits and medical malpractice cases for individuals, families and their 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 Worth, Palos Park, Bridgeview, Bedford Park, Calumet Park, Harvey, Berwyn, Crete, East Hazel Crest, South Barrington, Hanover Park, Palos Heights, River Grove, Tinley Park, Thornton, South Holland, Schaumburg, Rosemont, Northlake, Olympia Fields, Chicago (Grand Boulevard, Garfield Park, North Lawndale, Printer’s Row, Roscoe Village, Wrigleyville, South Loop, Cathedral District, Buena Park, Canaryville, Back of the Yards, Austin, Lincoln Park, Lower West Side), Cicero, Deerfield and Evanston, Ill.
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