On November 5, 2019, a Chicago birth injury medical malpractice jury returned its verdict in the amount of $101 million in favor of a now five-year-old child who suffered catastrophic brain damage as a result of medical negligence during his delivery. The birth injury jury trial lasted one month after which the jury deliberated for six hours before rendering its historic verdict. The parties had agreed before the verdict was rendered that the defendants would be liable for up to $50 million of the jury’s verdict. The plaintiff is the mother of the child, who was her first born child.
The Chicago brain injury medical malpractice case alleged that during the child’s delivery on August 8, 2014, the hospital medical staff ignored for six hours the external fetal monitoring strips that showed the baby was in distress and needed to be delivered urgently. The plaintiff’s experts testified during trial that had the nursing and other medical staff advised the physicians regarding the fetal distress, a timely emergency C-section would have been performed and the baby would not have suffered brain damage. As a result of the defendants’ medical negligence, the child requires around-the-clock care and cannot speak. Despite his serious and permanent brain injury, the child has a normal life expectancy.
The plaintiff’s Chicago medical malpractice lawyers stated after the verdict, “There was a complete lack of communication and proper care for this new mother and her newborn. All of the signs were present that this baby needed help and no one cared … To see this young child now suffer every minute of every day when he should be playing on a playground in kindergarten is a terrible thing. The jury, though, followed the evidence and the court’s instructions in giving Gerald what he deserves.”
The child’s mother stated after the verdict, “After five very long years, I am relieved that the lawsuit on behalf of my son is finally over … even though Gerald Junior cannot talk in the same way as all of us and will never be able to talk in the same way as all of us, I wanted his voice to be heard … twelve men and women took a month out of their busy lives to hear all of the evidence that led to little Gerald Junior’s life being changed by the utter negligence of medical people who just didn’t do their jobs … I stayed with him at home for four years taking care of him round the clock until I was unable to do so any more. He now will be able to come back to live with me at home where I can get the lifetime care that he requires.”
If you or your baby suffered a birth injury during labor and/or delivery in Chicago, in Illinois, or elsewhere in the United States, you should promptly find a birth injury lawyer in Chicago or in your state who may investigate your birth injury claim for you and represent you and your child in a birth injury case, if appropriate.
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