Brain Damaged Child Receives $7.75 Million Settlement – Louis Montes, a minor, et al. v. West Suburban Hospital Medical Center, Inc.

The use of medications to induce labor has become increasingly common over the last 50 years. Pitocin is one of the most well-known medications given to mothers to try and speed labor along. However, this drug does not come without its risks, which can include uterine rupture, more intense contractions, and fetal stress.

The Cook County birth injury lawsuit of Louis Montes, a minor, et al. v. West Suburban Hospital Medical Center, Inc., 05 L 14157, involves the use of Pitocin during a 2005 delivery. The baby’s mother was given Pitocin in order to promote labor. However, she was given too much of the drug, which led to a hyperstimulated uterus and to fetal distress.

A review of the fetal heart tracings taken during this period clearly demonstrate that the baby was in distress. However, the West Suburban Medical Center nurses failed to alert the obstetrician of the baby’s fetal distress. Because he was not aware of the problem, the doctor did not order a timely c-section to avoid injury to the baby.


As a result of the delay in delivery, the baby sustained a hypoxic brain injury, which is caused by a lack of oxygen getting to the brain. The medical malpractice complaint alleged that baby Montes’s brain injury caused his cerebral palsy and cognitive impairment. It has since been determined that Montes will require round the clock care for the rest of his life.

While the defendant hospital maintained that Montes’s brain injury and resulting cerebral palsy were not the result of the delay in delivery, it offered to settle with the plaintiffs for $7.75 million. The majority of the settlement will presumably go towards paying for Montes’s future medical bills and care needs.

Kreisman Law Offices has been handling Illinois birth injury cases and Cook County medical malpractice matters for more than 35 years in and around Chicago, Cook County, and surrounding areas, including Chicago’s Bridgeport neighborhood, Skokie, Calumet City, and Orland Park.

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