On February 23, 2026, an Illinois birth injury medical malpractice jury awarded in excess of $23.5 million to Dylan Gong for the birth asphyxia and hypoxic-ischemic brain injury he suffered during labor and delivery on June 3, 2017 that his lawyer argued were due to the defendant’s failure to deliver him by Cesarean section earlier in response to signs of serious fetal distress. The Cook County birth injury medical malpractice jury deliberated for five hours after a four-week trial before finding medical negligence occurred at Mercy Hospital and Medical Center.
The defense argued before the jury that Dyan’s injuries were not caused by a delay in performing the C-section delivery,
Dylan was diagnosed with a complex neurological disability, including Mixed Expressive and Receptive Language Disorder, Attention Deficit Hyperactivity Disorder, Behavioral Disorder, and mild Cerebral Palsy. Now eight-years-old, although Dylan has a Full-Scale IQ of 105 and has strong nonverbal intelligence scores, he requires significant assistance with daily living activities as well as ongoing medical and educational support.
Dylan’s medical malpractice lawyer stated after the verdict: “This case centered on important questions about hospital decision-making and physician credentialing. The evidence presented at trial showed that critical opportunities for earlier intervention were missed during Dylan’s labor and delivery. While nothing can undo Dylan’s injury, the compensation awarded by the jury will provide resources to support his long-term care and future needs. We are grateful to the jurors for their time and careful attention throughout this trial.”
In 2021, Mercy Hospital and Medical Center filed for chapter 11 protection with $100 million to $500 million in both assets and liabilities due to declining utilization which created excess inpatient bed capacity and increasing competition from local health systems.
In 2021, Mercy Hospital Hospital and Medical Center was acquired by Insight Chicago, a division of Insight Health Systems, and renamed Insight Hospital and Medical Center Chicago. Since the transition, Insight has undertaken a broad revitalization effort aimed at restoring critical healthcare services and strengthening its role as a trusted provider on Chicago’s South Side. These initiatives have included the reinstatement of ambulance services, the reestablishment of fully accredited residency programs in internal medicine and emergency medicine, and the expansion of both inpatient and outpatient services across a wide array of medical specialties. This includes emergency and trauma care, general surgery, orthopedics, neurosurgery, neurology, cardiology, women’s health, allergy and immunology, behavioral health, diagnostic imaging, laboratory testing, specialty pharmacy, and rehabilitative therapies.
Insight Hospital and Medical Center is a 414-bed general medical and surgical Catholic teaching hospital in Chicago, Illinois.
If you or a loved one have suffered serious harm as a result of a birth injury in Illinois or in another U.S. state, you should promptly find an Illinois medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your birth injury medical malpractice claim for you and represent you or your loved one in a birth injury medical malpractice case, if appropriate.
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