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Valuation of Birth Injury Cases in Illinois

Child Birth Medical MalpracticePregnancies are incredibly complicated and even in today’s day and age many things can go wrong. Doctors need to monitor and perform care to ensure that both the mother and child are protected. However, they do not always do that as some of the following reported Illinois birth injury cases suggest:

Case: Estate Of J.M. vs. Undisclosed Central Illinois Hospital
Recovery: $3,750,000 Settlement

This case centered on an inattentive medical staff and a women going into labor. The woman thought her pregnancy was beginning so she called her doctor. The nurse told her to time her contractions and call back shortly. The mother called back several times but no one answered. When someone at the doctor’s office finally did pick up the phone, they told her to come to their office instead of the emergency room even though she showed signs of preterm labor and placental abruption

After arriving, it took nearly half an hour before her C-section could begin because staff had not prepared for the procedure. Due to these failures, the child was born with Cerebral Palsy. Preferring to settle, both sides arrived at $3,750,000 as an appropriate sum for the kid’s injuries.

Case: Thomas vs. Antony M.D.
Jurisdiction: Cook County
Recovery: $9,697,693 AWARD

This suit arose when a child was born with severe mental deficiencies. Lawyers for the child argued that his mother had gestational diabetes but that the doctor did not consult with her primary obstetrician about this. As a result, it was never treated. The doctor responded that her role as an HMO provider physician limited her scope of care to blood testing and other administrative functions. 

Rather than try this issue before a jury, however, the defendant sought to settle and did so for $1,000,000 with the plaintiff. Fortunately, the plaintiff was still able to obtain another $8,697,693 from the doctor’s employer bringing the total to $9,697,693.

Case: Salinas vs. Struwe
Jurisdiction: Lake County
Recovery: $4,000,000 Award

This incident occurred during delivery when the treating doctor failed to perform adequately. Specifically, he did not respond to signs that indicated the child was suffering from fetal distress. As a result, the newborn had severe brain injuries that would significantly hamper his ability to walk and speak. A jury awarded the child’s estate $4,000,000.

Case: Offenwanger vs. Good Shepherd Hospital
Jurisdiction: Lake County
Recovery: $750,000

This litigation focused on the issue of the standard of care. During a pregnancy, medical staff called an anesthetist for consultation but the latter did not respond for almost an hour. The plaintiffs contended that this negligent care fell below accepted standards and caused the child to die. The child’s estate recovered $750,000 for this wrongful death.

Case: Burnett vs. West Suburban Medical Center
Jurisdiction: Cook County
Recovery: $2,900,000

In this case, plaintiffs charged the doctor that delivered their child with medical malpractice for the manner in which he performed the operation. The complaint alleged that he pulled too hard on the shoulder of the newborn and damaged her back and neck. 

The force resulted in brachial plexus and general nerve damage. They argued this was proof that the physician failed to meet the proper of standard of care for the procedure. The doctor defendant denied liability but was unable to convince the jury of his innocence. They awarded the child’s estate $2,900,000.

For additional information on West Suburban Hospital, look here.


This controversy happened during childbirth. According to the woman who went into labor, the obstetrician negligently delivered her child. As proof, she showed that he failed to follow proper procedures and did not resuscitate the newborn as needed. Due to this conduct, the child sustained severe brain damage and cerebral palsy. Both parties settled after trial for $5,250,000.

Case: Harrington vs. Bird
Jurisdiction: Cook County
Recovery: $300,000

The victim in this situation was a 28-year-old woman. She was having a difficult time during labor and after nine hours the doctor decided to induce her utilizing a Scanzoni procedure. Unfortunately, while attempting this maneuver, he lacerated her skin and gave her a rectal sphincter disorder and a rectovaginal fistula. The woman sued the doctor said her injuries were proof of his negligence. He denied these allegations and replied that the procedure was correct for the circumstances. 

The jury disagreed and found for the woman for $300,000 for the following damages:

  • Medical:
  • Wages:
  • Pain and Suffering:
  • Punitive:
  • Loss of Services:
  • Total:
  • $17,275
  • $12,258
  • $175,467
  • $70,000
  • $25,000
  • $300,000

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