Illinois Mother Settles Birth Injury Case for $15 million

An Illinois mother who claimed that a doctor’s repeated and futile attempts to deliver her son using a vacuum extractor delayed a timely Cesarean section and led to her son’s brain damage has received a $15.35 million settlement.
The pregnant woman was admitted to Valley West Community Hospital in October 2001. The labor was uneventful until her doctor, a family practitioner, decided to use a Kiwi vacuum extractor. The doctor used the vacuum extractor 18 times over a 50 minute time period but was unable to deliver the baby. Another doctor finally performed an emergency c-section after a fetal monitor indicated that the baby was in distress. The child was born with cerebral palsy and mental retardation.
The mother sued the family practitioner alleging he was incompetent to use the vacuum extractor and that he should have stopped using the device after the first few unsuccessful attempts. The mother also alleged the nursing staff failed to speak out on her behalf when it became obvious the doctor could not competently use the device. Finally, it was claimed that the hospital did not exercise reasonable care in evaluating the doctor’s ability to use the vacuum extractor. The hospital was allegedly put on notice of the problem because it settled a medical malpractice claim against the same doctor in 1999 arising out of his use of a vacuum extractor and forceps.
The medical malpractice settlement is believed to be one of the largest ever in Illinois.
The lawyers of Carey, Danis & Lowe are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.
We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.