The amount of a cerebral palsy settlement in Illinois can be hard to pin down because the specifics of each case vary. However, settlements often climb into the millions of dollars, though smaller amounts are possible. On average, jury awards and settlements in these cases fall on the higher end compared to other personal injury or medical negligence cases. To understand what you could receive in a birth injury lawsuit for cerebral palsy in Illinois, call us today to speak with a lawyer who has worked with similar victims. We can help you estimate your potential compensation as well as assist you in bringing a case.
- How is the CP Settlement Process Different Than a Trial?
- Will Settlement Take Longer Than Trial?
- Cerebral Palsy Awards and Settlements Compiled From Various Illinois Jurisdictions
- What Will Your Cerebral Palsy Lawsuit Results be Worth?
How is the CP Settlement Process Different Than a Trial?
Going to trial involves a complex amalgamation of rules, laws, and cases that have set precedents for yours. You must meet high standards when you file your complaint; you must make substantive points when you present to the jury; and you must dodge legal traps in motion, discovery, and appeal. Settling is much different. It is more akin to private negotiation than the byzantine structure of court. There are some rules, but it is much more flexible than trial. To learn about the differences between settlement and trial for cerebral palsy cases in more depth, speak with a qualified Illinois medical malpractice lawyer.
Will Settlement Take Longer Than Trial?
An Illinois personal injury lawsuit can take anywhere from one to two years on average. Cerebral palsy cases tend to fall on the longer end of the spectrum because of their factual and legal complexities. However, settlement may be a way to exit the process and wrap it up sooner. This is because settlement is a private understanding between both sides to end the matter without meeting the requirements of a formal trial. To understand how long it may take to settle or try an Illinois cerebral palsy case, consult an Illinois attorney at our firm with experience in this field.
Cerebral Palsy Awards and Settlements Compiled From Various Illinois Jurisdictions
$3,500,000 ILLINOIS SETTLEMENT.
The victim here was a child. She was born in 2014 in a suburban hospital outside of Chicago. Something went wrong during the delivery. She experienced hypoxic-ischemic trauma. This gave her cerebral palsy. Also, she had seizure disorder from the event. Just a few years later, she died. Her death was a direct result of these complications. She was survived by two parents. They were unmarried, and the child lived with the mother. The mother sued the hospital and the professionals that performed the delivery. She alleged they were negligence and that negligence caused the kid’s death. Specifically, the lawsuit contended that they didn’t pick up on heart defects.
These defects would have tipped them off they plaintiffs suggested. At the very least, the OBGYN should have been made aware of this. This case never made it to trial. The defendants thought their chances were better in settlement. They settled with the plaintiffs for $3,500,000. This sum represented the mom’s as well as the kid’s damages. The woman was still allowed to collect on all the pain that the child experienced before passing. In addition, it applied to losses including medical bills, lost normal life, lost companionship, etc.
$400,000 ILLINOIS SETTLEMENT.
This case was complicated because of what happened before the delivery. Apparently, the mother was a smoker. She also had diabetes and an inadequate placenta. Prior to the birth, the child developed chronic hypoxia too. This resulted in cerebral palsy.
The mother sued the hospital and treating doctor. She suggested they should done a C-section. The defendants countered the mother’s prior health problems caused the kid’s condition. Yet, they still couldn’t explain why they didn’t at least explore the other options. Their inability to detect heart issues was especially egregious. This would have prompted a discussion of a C-section.
Nevertheless, they persisted in their defenses. This could only last so long though. At a certain point, they had to consider the costs of trial. These estimation included the possibility of a sympathetic jury and an innocent child. This was a fate they didn’t want to face. Both the doctor and the hospital settled with the plaintiffs. The former offered them $400,000. The latter offered $1,000,000 but went bankrupt soon after that. The mother collected the money from the doctor for their damages.
$5,300,000 ILLINOIS SETTLEMENT.
This unfortunate dispute involved twins. They were to be born in Chicago. The doctors decided to have them delivered naturally. They considered a C-section but ruled it out in the end. The first baby was delivered without any problems. Then, the trouble started. The doctors attempted a vacuum maneuver. That didn’t work. Then, they reverted back course and actually did a C-section. By the end of it all, the child developed hypoxic brain damage. That injury led to cerebral palsy.
She would forever be disabled due to this misguided strategy. The family sued the hospital and doctors. They sought damages for the immediate and long-term effects of this trauma. The issue was pretty clear. The medical professionals were clearly in the wrong.
The only real debate was over damages. That meant settlement was more likely. In the end, that’s exactly what happened. The family received a little more than $5 million. A big point that raised the settlement value was that the family could show that a C-section originally done would have stopped cerebral palsy. That was a direct link from the doctor’s negligence to the kid’s pain.
$10,000,000 ILLINOIS SETTLEMENT.
This case also involved a set of twins. They were born early, delivered just at 27 weeks. The first one showed signs of an infection. He was treated and was fine after that. The other child wasn’t checked for infections. She wasn’t checked despite being at high risk for them. She ended up becoming infected. Meningitis set in as well as cerebral palsy. The medical bills alone were almost $500,000. That didn’t include the long-term care she’d need to just live. The parents sued the hospital and doctors. They alleged that the defendants breached fundamental duties by not treating and checking her for infections. They didn’t do this despite doing this for the other twin.
They also didn’t do this despite knowing she was a heavy risk for infection which could lead to more serious issues. The defendant filed a summary reply. Yet, the writing was on the wall. It didn’t comply with the standards for this type of premature birth. In other words, it couldn’t really contest negligence. That meant the best it could do was ratchet down the damages amount. Yet, as you can tell, it didn’t fare well there either. The family got a staggering 8-figure sum. That represented the losses that the kid and family suffered from this traumatic event.
What Will Your Cerebral Palsy Lawsuit Results be Worth?
Rosenfeld Injury Lawyers has represented many victims of personal injuries in Illinois, and every client is concerned about what their case will return. To guarantee that they get their best shot at recovery, we commit our full resources, personnel, and energies to their cases. We also work on a contingency basis, and that means that no client pays anything until everything’s over and they’re satisfied. If you want to know more about what your cerebral palsy claim will be worth, call the offices of Rosenfeld Injury Lawyers today for a free consultation.
For additional information, see the following pages:
- Can Cerebral Palsy Be Treated?
- Cerebral Palsy Statistics
- How Can a Cerebral Palsy Lawyer Help?
- How Can I Bring a Cerebral Palsy Lawsuit?
- How do Children Get Cerebral Palsy?
- How Does Cerebral Palsy Affect Children?
- What Are Cerebral Palsy Symptoms?
- What Are the Time Limits for Cerebral Palsy Lawsuits in Illinois?
- What Compensation Is Available for Cerebral Palsy Injuries?
- What Is Cerebral Palsy?