Cook County Jury Finds for Obstetrician in Delayed Delivery Case

A Cook County jury entered its verdict in favor of the defendant obstetrician, Dr. Cynthia Page, following a trial claiming that the birth of Anthony Ruiz was delayed causing him a lifetime of cognitive deficits.

The family of Anthony Ruiz, a minor, claimed in their Cook County, Ill., lawsuit that a delay in performing a Cesarean section surgery at Elmhurst Memorial Hospital on Sept. 16, 2010 was the cause of the baby’s cognitive impairments, including a lower IQ, diminished executive function and impaired fine motor skills.

The case centered on a nurse who telephoned the defendant obstetrician Dr. Page at 12:31 a.m. to tell her about the baby’s distress. Dr. Page arrived at the hospital at 12:48 a.m. and a C-section was ordered at 12:56 a.m. The newborn was delivered at 1:20 a.m.

The Anthony Ruiz family claimed in their lawsuit that Dr. Page was negligent in choosing not to request the hospital’s on-duty house officer (resident physician) to become involved in the case at the time of the nurse’s phone call and if he had done so, the C-section would have been ordered around 12:35 a.m. and completed no later than 1:10 a.m. It was further asserted that the earlier delivery would have prevented the injuries to the child.

The defense maintained that Dr. Page was not required to request the resident’s involvement based on the information provided to her. The defense team also stated that she immediately left for the hospital after she received the phone call from the nurse and an earlier C-section was not necessary based on the fetal heart monitor strips. The defense also maintained that Dr. Page acted appropriately and timely in calling the C-section and delivering Anthony Ruiz when she did. Further, it was claimed by the defense that there was no concrete evidence that any delay in Anthony’s delivery was the proximate cause of the child’s injuries. According to the Jury Verdict Reporter, the jury deliberated 84 minutes before rendering its verdict.

Before trial, the demand to settle the case was $750,000. The attorneys representing the Anthony Ruiz family asked the jury to return a verdict of $1,650,000 whereas the defendants made no offer to settle.

Anthony Ruiz, a minor v. Dr. Cynthia Page, et al., No. 11 L 11643 (Cook County, Ill.).

Kreisman Law Offices has been handling birth trauma injury cases, birth injury cases and medical malpractice cases 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 40 years in and around Chicago, Cook County and its surrounding areas, including Westchester, Chicago Ridge, Riverdale, Palos Hills, Park Forest, Mount Prospect, Lincolnwood, Lansing, Countryside, Country Club Hills, Cicero, Calumet City, Buffalo Grove, Tinley Park, South Holland, Chicago (Chinatown, Canaryville, Bucktown, Bronzeville, Brighton Park, Bridgeport, Beverly, Lower West Side, Loyola Park, Near North Side, Roscoe Village, Wrigleyville), Joliet and Glencoe, Ill.

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