Cook County Jury Sides With Hospital and Doctors in Case of Delayed Delivery Causing Baby’s Cerebral Palsy

The baby, Zoey Stavrou, was delivered by Cesarean section at Edward Hospital in DuPage County, Ill., at 12:25 a.m. on May 14, 2006. She had Apgar scores at 0 at 1, 5 and 10 minutes. At the time of the delivery, a 9-centimeter umbilical cord hematoma was discovered, which had occurred as a result of a ruptured umbilical vein.

Zoey is now 8 years old and has severe cerebral palsy. She is non-verbal and has no functional mobility. She has the cognitive level of a 6-9 month infant and is dependent for all activities of daily living.

Zoey’s family contended that the defendant delivering physician and labor and delivery nurses chose not to properly interpret and act upon non-reassuring fetal monitor strips throughout the evening of May 13. They also contended that the emergency C-section should have been ordered around 9 p.m., but the defendant obstetrician, Dr. Chen, negligently waited until midnight to order the C-section. It was also claimed that Dr. Chen did not perform the incision for the C-section until 12:19 a.m. and the child would have been born neurologically intact if she had been delivered before 12:08 a.m.

All of the parties in the case agreed that no permanent neurological damage occurred prior to12:08 a.m. The defendants, Edward Hospital and Dr. Chen, maintained that there was no reason to order a C-section before midnight, the fetal monitoring strips were overall reassuring up until that time, all defendants complied with the applicable standard of care at all times, the umbilical cord hematoma was the proximate cause of the umbilical vein compression, which led to the terminal bradycardia seen on the monitor strips beginning at 12 a.m. They also argued that the terminal bradycardia continued after the baby was delivered for a total of 30 minutes and that the hematoma was the proximate cause of the child’s terrible injuries. It was reported that the jury deliberated for more than 9 hours before it returned its verdict of not guilty as to all of the defendants, which included Edward Hospital, two labor and delivery nurses and the obstetrician, Dr. Chen.

Before trial and at trial, the family of Zoey demanded settlement and asked the jury to return a verdict of $36 million. The defendants made no offer to settle the case.

Zoey Stavrou, a minor, v. Edward Hospital, et al., No. 10 L 782 (Cook County, Ill.).

Kreisman Law Offices has been handling birth injury cases, medical and hospital negligence 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 38 years in and around Chicago, Cook County and its surrounding areas, including Wood Dale, Itasca, LaGrange, Brookfield, Stickney, Berwyn, Cicero, Maywood, Bellwood, Elmwood Park, Melrose Park, Burr Ridge, Western Springs, Chicago (Hyde Park, Irving Park, Jefferson Park, Kenwood, Buena Park, Bronzeville, Bucktown), Lisle, Naperville,Geneva and Westchester, Ill.

Related blog posts:

Cook County Jury Finds in Favor of Doctor in Brachial Plexus Injury Case


Cook County Jury Finds No Connection with Baby’s Delivery and Quadriplegia