Our Win Records

Medical Malpractice/Birth Injury: On December 18, 2011, the Plaintiff Mother presented to the hospital for labor and delivery. Pitocin was administered at 7:30 p.m. to augment labor contractions. Fetal heart rate monitoring began at 7:30 p.m. and was normal and reassuring through 10 p.m. Plaintiffs’ alleged that the fetal monitoring tracings became non-reassuring and abnormal after 10:00 p.m. through delivery at 12:28 a.m. the following morning. Plaintiffs contend that had Mom delivered between 10:30 p.m. and 11:00 p.m. on December 18th, A. would have been neurologically normal. Because of the delay in delivering A., she suffered brain damage and resultant spastic quadriplegia, cerebral palsy and seizures. This settlement is a state record for a child injured at birth.

Medical Malpractice: Failure to treat high blood pressure caused by brain damage to mother.

R. v. Trinity Hospital

Birth Injury/Medical Malpractice: Decedent was admitted to Trinity Hospital on February 8, 1998 at approximately 5:30 a.m. at term. She was given an epidural anesthetic at approximately 6:49 a.m. when her blood pressure dropped into the 70s and then into the 50s. Fetal bradycardia was shortly thereafter detected on the fetal monitor and Decedent was place in Trendelenberg position. Dr. Jiha, the attending anesthesiologist, was paged at approximately 7:30 a.m. for low blood pressure. The nurse anesthetist continued to administer fluids including Ephedrine in order to correct the hypotension. A house doctor and obstetrician,Dr. Moreland, was called because of the fetal bradycardia on the monitor but she determined that a cesarean section was not necessary. Thereafter Decedent complained of being dizzy, vomited several times, became confused and cyanotic. At 7:45 a.m. Decedent’s blood pressure again dropped into the 70s and more fluids, including the Ephedrine, were given.

According to Plaintiff’s experts Decedent’s blood pressures were abnormal for almost two hours. According to Plaintiff’s experts intubation was required much earlier and her oxygen status should have been monitored more closely. Additionally, earlier intubation was required and her oxygen status should have been monitored more closely along with a cesarean section operation at least an hour earlier. Decedent died after being in a coma for twelve weeks and her son was left permanently brain damaged and unable to care for himself.

The case for the disabled minor son settled for $11,250,000.00 and the wrongful death action for his mother settled for $10,025,000.00.

Medical Malpractice/Brain Injury: While recovering from burns to 35% of her body, the minor plaintiff (11 months) was negligently provided two boluses of a medication called Albumin resulting in brain damage.

F.M. v. A Local Community Hospital, Michael J. Riemaier, M.D., and Associates for Women’s Healthcare

(2021) Medical Malpractice: Mom was a gestational diabetic who was advised to deliver her son in the 39th week gestation by a maternal fetal medicine consultant. Her prenatal care was provided by a midwife who was scheduled to deliver her son. After monitoring, cervical ripening and induction, the mid-wife and her supervising obstetrician determined that no cervical change was occurring and mom could go home to return in a few days for another induction (unless she went into labor in the interim). Plaintiff’s experts believe it was unsafe for mom to go home in light of her gestational diabetic risks to herself and her son and his large size as well as abnormalities they identified on fetal heart tracings during the initial scheduled induction. When mom returned, she was allowed to labor for hours prior to birth despite additional abnormalities on fetal heart tracings. Baby was born with imaging suggestive of an older brain injury and an acute brain injury. The defense argued that injury to the fetal brain occurred in the first trimester and thereafter. The midwife and supervising obstetrician were not employees of the local community hospital. The minor has spastic cerebral palsy and a major seizure disorder.

R. v. Trinity Hospital

This case involved a pregnant mother who presented to Trinity Hospital shortly after midnight on January 1, 1995, with an elevated systolic blood pressure, edema and protein in her urine. The nurses as well as the physician, Dr. Everett A. White, failed to diagnose preeclampsia according to plaintiffs’ experts. At the time of her presentation to Trinity, the plaintiff’s mother was 37 weeks pregnant and in labor. She labored from approximately midnight on

January 1st until 12:45 p.m. when she had an eclamptic seizure. Her child, R., was delivered at 1:19 p.m. with very low APGARS and a cord blood gas indicating she suffered from hypoxia and ischemia. She remained depressed for approximately thirty-six more minutes due to the failure to adequately resuscitate her. As a result, R. sustained brain damage and is currently institutionalized.

The defendants denied that they were negligent, denied that R.’s mother was preeclamptic and instead have suggested she suffered a seizure as a result of an enterovirus which they claimed was found in the placenta. The defense alleged this enterovirus attacks newborns and, in fact, was responsible for aseptic meningitis evidenced by elevated white blood cell count in the cerebral spinal fluid of R. as well as abnormalities in the placenta. It was the defendants’ position that this enterovirus was the sole proximate cause of R.’s problem and was untreatable.

C. v. Victory Memorial Hospital, et al.

This case settled for a Lake County record of $12,250,000.00 prior to closing argument before Judge Terrence Brady on Friday evening after the jury instruction conference.

On March 29, 1996, C. paged her obstetrician complaining of a splitting headache at 4:00 p.m. He told her to go the emergency room. She and her husband arrived at 4:45 p.m. and saw the emergency room physician at 5:15 p.m. He diagnosed preeclampsia and spoke to the obstetrician between 5:25 and 5:50 p.m. The emergency room physician testified she needed an anti-hypertensive for preeclampsia with hypertension but the obstetrician told him to send her to Labor & Delivery and he would call in his orders. The obstetrician ordered over the phone magnesium sulfate at 5:50 p.m. which is a prophylactic for seizures and reduces blood pressure transiently but did not order hydralazine, an anti-hypertensive. According to one of the plaintiffs’ expert, C. hemorrhaged into her brain between 6:00 to 6:20 p.m. when she started to become less coherent. In addition to suffering from preeclampsia with hypertension C. had HELLP syndrome which made her blood difficult to clot. According to another expert it was negligent not to give C. an anti-hypertensive in the E.R. The baby, Shane, was born healthy, without any medical problems.

D. v. Edward Hospital, et al., DuPage County

D. is a 44 year old female who went into the hospital to be treated for left ankle pain. At approximately 11:45 a.m., during an elective biopsy procedure, the patient was turned from the supine position to the prone position. She became hypoxic and her heart beat slowed to a bradycardic level with no pulse. The anesthesiologist, Dr. Rashidi Gani Loya, noticed the patient was turning blue. This is a late sign of hypoxia. She had the patient flipped back to the supine position and started ambu bagging her. The orthopedic doctor started chest compressions on the patient. He then started to perform manual ventilation with the ambu bag as well as chest compressions. Unfortunately, the patient had gone so long without oxygen she had sustained anoxic encephalopathy and permanent brain damage.

The plaintiff’s intended on proving that from the time D. was flipped to the supine position until the manual ventilation by ambu bag along with the chest compressions, Linda was without oxygen, in whole or in part for approximately eight minutes which led to her brain damage. During discovery plaintiff learned that the ventilator alarms on the anesthesia equipment did not sound, possibly due to a problem with the automatic ventilator switch which did not automatically restart the ventilator and alarms upon activation.

M. v. Northwest Community Hospital, et al.

Birth Injury/Medical Malpractice: This case involved a water birth in which just prior to delivery shoulder dystocia occurred. Shoulder dystocia is where due to the large size of the D. M.’s shoulders his mother, C. M., was unable to deliver the baby vaginally without various maneuvers. This occurred when C. M. was still in the tub. Because they were unable to empty the tub as quickly as needed they attempted to deliver the baby in the tub. As a result, she was unable to perform the appropriate maneuvers that were recommended for shoulder dystocia. Due to the delay in delivery Plaintiff contended that D. M. became brain damaged and has suffered severe and significant injuries.

On June 23, 2010, the Plaintiff suffered an arrest and subsequent lack of oxygen resulting in a brain injury. Plaintiff alleged that the cause of her arrest and oxygen deprivation was an occluded tracheostomy tube which was not addressed in a timely fashion by the Defendant Hospital staff. Plaintiff suffered a severe brain injury. Plaintiff’s past medical bills at the time of settlement were approximately $1.8 Million.