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Articles Posted in Wrongful Death

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$1.1 Million Settlement in Failure to Perform Cervical Cerclage, Death of Fetus

Ms. Doe required cervical cerclage to address cervical insufficiency during previous pregnancies. She consulted a maternal-fetal medicine specialist during the 12th week of her fourth pregnancy. After an evaluation, the doctor allegedly offered numerous treatment options to Ms. Doe. When Ms. Doe returned four weeks later, her cervix measured 23…

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Illinois Supreme Court Allows Wrongful Death Action to Continue for Fetal Death When Doctors Were Aware of the Pregnancy

On Dec. 16, 2021, the Illinois Supreme Court answered a certified question about whether a doctor who injured a fetus can be sued for wrongful death if the patient later consented to an abortion given the condition of the unborn fetus. Thomas and Mitchell sued two doctors, Drs. Khoury and…

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$2.75 Million Settlement in Negligent Labor and Delivery, Inadequate Staffing

Ms. Doe presented in active labor on an evening to Providence Regional Medical Center’s Pavilion for Women and Children. Ms. Doe, whose full-term baby was healthy at the time of her admission, was administered Pitocin and remained in labor throughout the night. The next morning at around 5 a.m., significant…

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$1.3 Million Settlement for Failure to Timely Deliver Infant

At three different obstetrics appointments during the 37th and 38th week of pregnancy, Ms. Doe’s blood pressure readings showed hypertension. When she returned for another appointment toward the end of her 38th week, she had severe hypertension and decreased fetal movement. Ms. Doe was sent to a hospital where the…

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Illinois Appellate Court Rules that the Wrongful Death Act Did Not Bar Cause of Action or Recovery Against Physician and Medical Institution in Fetal Death

Monique Thomas and Christopher Mitchell sought damages in a lawsuit alleging that Dr. Edgard Khoury and Dr. Robert Kagan caused the wrongful death of their fetus from injuries suffered during an elective surgery performed on Thomas. A pregnancy test before the surgery alerted the doctors that Thomas was “potentially pregnant.”…

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$6.07 Million Jury Verdict Entered in Failure to Treat Preeclampsia That Resulted in Mother’s Death

Karla Fountaine received prenatal care from a general practitioner, the defendant Dr. Cheryl Gill. At the time, she was 34 years old. During her pregnancy, she developed gestational diabetes. When she began bleeding and suffering from increased blood pressure and headache, she was admitted to a hospital but shortly thereafter…

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$44.11 Million Jury Verdict Reduced in Case of Gestational Carrier Who Caused Death of Infant

Andrew and Marni Hotchkiss, a couple in their 30s, were struggling with infertility. They consulted an obstetrician and infertility physician, Dr. Siu Ng-Wagner. The couple and the doctor agreed to use a gestational carrier. As the Hotchkiss family selected potential surrogates online, the couple sent these candidates to Dr. Ng-Wagner…

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Illinois Supreme Court Distinguishes Between Privileged Information and Confidentiality in Medical Negligence Case

Carol and Keith Klaine filed a medical malpractice lawsuit against Frederick Dressen D.O. and Southern Illinois Medical Services d/b/a The Center for Medical Arts. In an amended complaint, the plaintiffs added a party defendant, Southern Illinois Hospital Services d/b/a St. Joseph Memorial Hospital and Memorial Hospital of Carbondale (SIHS), for…

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Tragedy of Delayed Delivery of Full-Term Baby; Preeclampsia Is a Factor

Most recently, I have heard from mothers who have tragically lost a full-term baby for inexplicable reasons. In one particular case, the mother called me to talk about why her full-term child died in utero. She said that all of her prenatal care was uneventful. In fact, just 3 days…

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Death of Baby Claimed by Delayed Delivery Ends in Jury Verdict for Doctors

On Sept. 17, 2009 Crystal McFadden was admitted to Northwestern Memorial Hospital in full-term labor. Her care was managed by a team of resident obstetricians under the direction of the defendant, Dr. Jeffrey Dungan, the supervising attending obstetrician. During the course of her labor, the residents and nursing staff documented…

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