Cook County Birth Injury Lawsuit Settled By Advocate Hospital for $6.5 Million – Cisneros. v. Advocate Health and Hospital Corporation, et al.

An Illinois birth injury lawsuit that alleged that the hospital and its staff chose not to perform a timely Cesarean section has agreed to settle the case for $6.5 million. The lawsuit was brought by the family of the severely brain damaged child with cerebral palsy born after the hospital, labor and delivery nurse, and family physician were late in ordering the necessary Cesarean section delivery. Cisneros, etc. v. The Advocate Health and Hospital Corporation, et al., No. 05 L 0488.

The Cook County birth injury case alleged that the hospital staff was negligent in choosing not to notice the presentation of the baby’s head and failing to diagnose cephalic pelvic disproportion, a condition that occurs when the baby’s head is too large for the mother’s pelvis. The Illinois birth injury lawsuit further alleged that the labor and delivery doctor and a nurse misread the fetal monitoring strips, which resulted in them giving the mother a drug to strengthen contractions. The drug was unnecessary because mom’s contractions were fine.

However, even with the drug causing stronger contractions, the baby still did not descend the birth canal. The plaintiff’s contended this was because of the cephalic pelvic disproportion, i.e. that the baby’s head was too large to pass through the birth canal no matter how strong the contractions. The delay in recognizing this condition meant that the obstetrician did not immediately order the emergency Cesarean section that was necessary at that time.

The situation was further complicated by the fact that the umbilical cord was compressed between the baby’s cheek bone and the mother’s pelvis, causing the baby’s heart rate to drop dramatically. This decreased heart beat was not noticed for more than 15 minutes. When it was finally identified was when the Cesarean section was finally ordered.

Because of the lack of brain oxygen for more than 15 minutes, the baby now suffers from cerebral palsy and mental retardation. The child, who is now ten years-old, has trouble walking, suffers from motor delays, and has cognitive deficits. The settlement reached allows the mother to receive $300,000 and $6.2 million for the care for the child.

Kreisman Law Offices has been handling Illinois birth injury lawsuits for over 30 years, serving those areas in and around Cook County, including Buffalo Grove, Aurora, Lisle, and Blue Island.

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