$3.9 Million Settlement Reached in Late Caesarean Section Causing Serious Birth Injuries

Throughout the pregnancy of Ms. Doe, she received prenatal care at a hospital’s clinic. She underwent ultrasound tests that showed that she had two gestational ages for her baby, each a week apart. During the third trimester, Ms. Doe was diagnosed with gestational diabetes, and her treating physicians told her that she would be induced to deliver the child at 39-40 weeks.

At 40-41 weeks, her membranes ruptured and she was admitted to the hospital. Fetal heart tones were nonreassuring over the course of three hours. The nurses gave Ms. Doe fluids and oxygen and repositioned her.

Forty hours after she was first admitted to the hospital, she underwent an emergency Caesarean section. The baby was born in a depressed condition and required resuscitation, with Apgar scores of one at one minute and nine at five minutes.

The child is now five years old and suffers from cerebral palsy, speech impairments and motor deficits.

The lawsuit that was filed targeted the hospital and several other doctors and residents, maintaining that they chose not to perform a timely Cesarean section and chose not to deliver the baby at 39-40 weeks.

The defendants argued that the baby’s injuries were not from any hospital or physician negligence, but instead resulted from an infection carried by the mother and other pre-existing conditions.

Before trial, the parties settled for $3,900,000.

The excellent attorneys representing the mother and child were Jesse M. Reiter, Rebecca S. Walsh and Emily G. Thomas, all of Bloomfield Hills, Michigan.

Doe v. Roe, Confidential Docket, August 1, 2013.

Kreisman Law Offices has been handling birth injury cases and medical negligence matters for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 37 years in and around Chicago, Cook County and its surrounding areas, including Addison, Brookfield, Riverside, Stickney, Summit, Justice, Hickory Hills, Worth, Chicago Ridge, Evergreen Park, Elk Grove Village, Chicago (Wicker Park, Albany Park), Oakbrook Terrace, Yorkfield, Westchester, Joliet, Waukegan, Aurora, St. Charles and Oak Forest, Ill.

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