Brain Injury

July 8, 2026

$8 Million Settlement After Emergency Cesarean Section

During Ms. Doe’s delivery at the treatment hospital, the fetal monitor showed minimal variability of her unborn child. A prolonged late deceleration occurred approximately one hour and 45 minutes later. At that time, the baby’s heart rate dropped to 70 beats per minute.

The fetal heart rate continued to drop that evening. Ms. Doe’s baby was delivered by emergency cesarean section later the same night. The baby was unresponsive and taken immediately to the ICU before being transferred to another hospital for treatment.

Now 5 years old, the baby boy suffers from brain damage and requires 24-hour care.
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July 7, 2026

$17.1 Million Jury Verdict in Improper Management of Gestational Hypertension, Late Delivery

by Robert Kreisman

Hannah Bayless developed gestational hypertension two months before her due date. During the subsequent delivery, which was induced, fetal heart tracings were concerning for several hours. After the baby’s birth, Bayless’ son, who required fifteen minutes of resuscitation, was airlifted to another hospital. The baby was diagnosed as having catastrophic brain damage and died nine months later after months of intervention.

Bayless and her husband sued treating obstetrician Dr. Derin Rominger and his medical practice, alleging wrongful death. The Bayless family claimed that the defendants chose not to timely deliver their baby according to the American College of Obstetricians and Gynecologists (ACOG) guidelines for gestation hypertension, which requires delivery at 37 or 38 weeks gestation. The Bayless family also alleged that the defendants failed to expedite delivery considering the concerning fetal heart tracing, which clearly showed signs of hypoxia.

The jury in Macon County, Ill., signed a verdict for $17.1 million. The attorneys who handled this tragic case for the Bayless family were David Axelrod and Ted Jennins, oth of Oak Park, Ill.
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June 9, 2025

Illinois Appellate Court Affirms $20 Million Verdict in Birth Injury Lawsuit

by Robert Kreisman

A 2022 Cook County, Ill., jury verdict was returned in favor of the child and family for $20 million against Advocate Health & Hospitals and its employees. The trial judge then later awarded more than $885,000 in prejudgment interest to the plaintiffs.

A panel of the First District Appellate Court ruled that Advocate Health was not denied a fair trial and that the trial judge correctly awarded the $885,000 in prejudgment interest to the plaintiffs.

The gist of the appeal was that concerning Illinois Pattern Jury Instruction (IPI) Civil No. 15.01 claiming that it failed to provide instruction on sole proximate cause and was incorrectly used at the trial level.
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November 17, 2020

$6.5 Million Structured Settlement Reached in Negligent Intubation Lawsuit

by Robert Kreisman

Clara Roman was born prematurely. Several months after her delivery, she was admitted to Jersey Shore University Medical Center to undergo repair of an inguinal hernia.

A week after the surgery, Clara’s parents returned her to the hospital for treatment of a recurrent bulge. The anesthesiologist, Dr. William Rahal, intubated Clara in preparation for emergency surgery. That surgery was later canceled.

While still under the anesthesiologist’s care, Clara suffered oxygen deprivation, which resulted in a severe brain injury.
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October 20, 2020

Illinois Appellate Court Reverses $50.3 Million Jury Verdict in Birth Injury on Trial Error Made as to Late Discovery Disclosures

by Robert Kreisman

Julien Florez was born on March 22, 2009. His mother, Aimee Florez, was admitted to Evanston Hospital just after noon that day, five days after her due date. All tests and ultrasounds registered normal. After a procedure to break her water, Julien experienced a prolonged deceleration in fetal heart rate after his mother was given an epidural. Pitocin was administered by a second doctor to accelerate labor, and when Julien’s heart rate decelerated, a C-section was ordered.

Julien was delivered by C-section with an Apgar score of 1 out of 10, blue, and with an abnormally low heart rate requiring intervention due to lack of blood to the brain. Body cooling was initiated to slow or prevent additional brain damage. Within five hours of birth, Julien showed signs of seizures.

Julien, represented by his parents, Aimee and David Florez, filed a lawsuit. Julien suffered from cerebral palsy. At age 9, he exhibited global delays, significant speech and language deficit, requiring assistance eating, dressing and with hygiene as well as 24-hour supervision.
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May 11, 2020

$7.6 Million Jury Verdict in Birth Injury Caused by Negligent Forceps Use

by Robert Kreisman

After Mary Hunt was diagnosed as having possible preeclampsia, she was admitted to a hospital for induction of labor. Her treating physician ordered Pitocin and transferred her to an on-call obstetrician, Dr. Larry Clark.

Dr. Clark delivered Mary’s son vaginally using forceps. As a result of the difficult delivery combined with the forceful use of forceps, the baby suffered abrasions to his head, a cephalohematoma, and bleeding within the brain.

The child is now 3 years old and suffers from right-sided hemiplegia, developmental and speech delays as well as vision problems.
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March 19, 2020

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

by Robert Kreisman

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.
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March 25, 2019

Missouri Court of Appeals Reverses Trial Court’s Denial of Party Asking an Insurance Question in Jury Selection; Verdict for Defendants Reversed and Remanded for New Trial

by Robert Kreisman

This was a case involving claims of birth injury and medical negligence-wrongful death. Plaintiffs Abraham J. Eoff and Crystal M. Eoff, on behalf of Sophee R. Eoff, deceased, appealed the trial court’s judgment entered in favor of the defendant, Jennifer K. McDonald, D.O. and Seasons Healthcare for Women, P.C., following a jury trial. The Eoffs claimed that the trial court erred by denying them the right to ask “the insurance question.”

The Circuit Court of Appeals reversed and remanded for a new trial.

“Appellants brought claims for medical negligence against Respondent based on allegations that Respondent Dr. McDonald caused the decedent’s death in which he used a vacuum extractor improperly during labor and delivery of Crystal Eoff. Appellants learned that Respondents maintained a medical malpractice liability policy with Missouri Doctors Mutual Insurance Company (MDMIC) . . .”
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September 18, 2018

$3 Million Settlement Reached for Late Diagnosis of Newborn’s Infection, Causing Brain Injury

by Robert Kreisman

Baby Doe, a twin, was born at 32 weeks gestation. Baby Doe was admitted to a hospital’s NICU where she remained in stable condition for several days.

Baby Doe developed a low-grade fever, tachycardia and irregular breathing. The next day, Baby Doe’s condition worsened. Her oxygen saturation dipped down to 78 percent, her glucose dramatically increased and her physical movement decreased.

A blood culture led to a diagnosis of bacterial infection, for which Baby Doe was given antibiotics. Within two weeks, Baby Doe was diagnosed as having a brain abscess and underwent surgery.
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August 14, 2018

Timely Use of Therapeutic Hypothermia (TH) Inspires Oxygen in Newborns Suffering from Hypoxic Ischemic Encephalopathy (HIE)

by Robert Kreisman

More than a few studies have been conclusive showing that infants with hypoxic-ischemic encephalopathy have benefited when cooled to a temperature of 30 degrees Centigrade in a median time of 58 minutes. The cooling of newborns inspired oxygen requirements in a test involving six infants diagnosed with HIE.

Five of those infants required inotropic support during the cooling procedure. The cooling would be progressively reduced after 1-2 days. Inotropic support is the intensive care of newborns to stabilize circulation and to optimize oxygen supply.

Over the years, HIE has been recognized much more frequently. The onset of cases of HIE are caused by stroke, compressive forces or changes in oxygen circulating through the fetus before and immediately after delivery.
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