R. vs. Christ Hospital, et al.

Medical Malpractice: 53 year old female was transferred by helicopter to Advocate Christ Medical Center from another institution after being involved in an automobile accident. About two and a half hours after arrival she suffered a respiratory arrest followed by a cardiac arrest. Her chest cavity injuries should have been treated by elective chest tube insertion and intubation to avoid possible respiratory deterioration. She suffered permanent severe brain damage and the need for 24 hour care over her lifetime due to these failures.

V. v. Lutheran General Hospital

Birth Injury/Medical Malpractice: On March 10, 2004, Plaintiff was pregnant with her first child. Plaintiff presented to the emergency room at Lutheran General Hospital at approximately 6:00am due to the onset of active labor. Her daughter’s gestational age was 40 weeks and 5 days. Her daughter was delivered vaginally via vacuum extraction at 3:31pm by Isabel Gomez, M.D. Upon delivery, the baby was noted to have several serious health issues, namely the presence of meconium; neonatal depression; hypoxic ischemic encephalopathy and seizure disorder. The baby spent three weeks in the pediatric intensive care unit before being discharged. Her daughter sustained a brain injury. As a result of her brain injury, Plaintiff’s daughter has speech problems; attention deficit hyperactivity disorder; deficits in fine motor and gross motor skills necessitating braces (AFO) for walking.

D. v. Loyola University of Chicago, etc.

On August 29, 1996, The Plaintiffs were visiting their daughter in Lyle, Illinois when D. began complaining to severe back pain. An ambulance was called and he was transported to Edwards Hospital in Naperville, Illinois. After an initial diagnosis of descending aortic aneurysm with dissection, D. was transferred to Loyola University Medical Center on August 30th. During this hospitalization, D. was further evaluated and scheduled for cardiac surgery. On September 3rd, while hospitalized and awaiting surgery, D. experienced cardiac arrest and an anoxic episode that rendered him comatose. As a result of not being properly monitored while on Propofol. He is now 68 years old, lives with his wife, but suffers from permanent brain damage.

Plaintiff was born at 25.5 weeks. At 11 days of life, plaintiff contracted three blood borne infections. Plaintiff deteriorated and ultimately suffered a hypoxic event as a result of the infection. Plaintiff developed periventricular leukomalacia or PVL. Plaintiff alleged that the defendants were negligent in performing the hygiene and sanitary procedures in the NICU unit which led to plaintiff’s infection. Plaintiff further alleged that the defendant Dr. Siddiqui, a neonatologist, and the nursing staff failed to respond timely to identify and treat the infections. Plaintiff alleged that the cause of plaintiff’s PVL was the hypoxic event arising from the infection and not the plaintiff’s prematurity. Plaintiff has been diagnosed with permanent brain damage and requires 24 hour care. Plaintiff’s medical bills to date exceed $1,000,000.00. Defendant contended that the risk of infection is common in neonates, that the PVL was caused by the plaintiff’s prematurity of 25.5 weeks and not the infection and that the plaintiff has a substantially reduced life expectancy.

Mother had uncomplicated prenatal course, and reaching full-term, baby. was born severely depressed and soon after birth was diagnosed with hypoxic ischemic encephalopathy and profound brain damage.  E.B. lived with profound and extensive physical and mental injuries up to his death on September 11, 2019, at the age of 13 ½ months.

G.  v. A Local Hospital and Obstetric Providers

(2024) Medical Malpractice: Mom presented for induction with twins, twin A was born first with forceps use and without any issue.  Twin B was born thereafter with forceps use, however, twin B suffered traumatic forceps injuries including closed skull fractures and bleeding within the right ear canal.  Subsequent audiology testing through five years of life revealed complete right-sided hearing loss requiring a cochlear implant.  Cochlear implant surgery was successful.  The disfigurement of the implant and hearing loss were the subject matter damages suffered due to improper forceps use at birth. Co-counsel with Joseph W. Balesteri.

Together with Joseph A. Power, Jr.- On May 13, 2019 at 11:45 am, CW presented to the local academic hospital and was 39.1 weeks pregnant. On May 13, 2019 between 6:24 pm- 6:28 pm, the fetal heart rate monitor on CW demonstrated the fetal heart rate to have moderate variability and no accelerations. On May 13, 2019, and throughout the time CW was on fetal heart monitoring at a major research hospital, the fetal heart tracings were Category II. On May 13, 2019 and after 23:45 hours, the fetal heart tracings continued to show absent accelerations with recurrent late decelerations. On May 14, 2019, the fetal heart tracings continued to show recurrent late decelerations and were absent accelerations. On May 14, 2019, at or before 4:24 am, the fetal heart tracings changed to Category III with no variability. On May 14, 2019 at approximately 7:25 hours, the obstetrician, due to concerns with the fetal heart monitoring tracing delivered plaintiff. On May 14, 2019 at approximately 7:34 hours, a forceps delivery was performed and at approximately 7:34 hours, minor plaintiff was born. On May 14, 2019, CHW was born with no heart rate, APGAR scores of 0,1,1, and 3 at 1,5, 10 and 15 minutes of life respectively. On May 14 ,2019, the umbilical cord pH for the minor plaintiff measured less than 6.8. On May 18, 2019, CH.W. died of severe hypoxic ischemic encephalopathy. Plaintiff alleged that on May 13 and May 14, 2019, various employees of the hospital deviated from the standard of care in the labor and delivery management of C.W. and CH.W. by failing to evaluate, document and diagnose the health of CH.W. in utero on May 13, 2019; failed to deliver CH.W. in a timely manner on May 13, 2019; failed to deliver minor plaintiff sooner on either May 13th or May 14th, 2019; failed to recognize the multiple signs and symptoms of a baby in distress on May 13 or May 14, 2019 and negligently increased the dosage of Pitocin to minor plaintiff. (2008)

K.L. v. A Local Hospital (Cook County)

(2023) Medical Malpractice/Birth Injury/Wrongful Death: Immediately after birth, Plaintiff’s newborn daughter required breathing assistance due to a nuchal cord (the umbilical cord around the baby’s neck as she progressed down the birth canal). A pediatric team was standing by at delivery and made two failed attempts to intubate the newborn baby. A neonatal team was called for additional resuscitative efforts and in the interim oxygenation by laryngeal mask airway was not attempted. After intubation, the baby’s heart rate never improved. Plaintiff’s experts believed that the endotracheal tube was not properly placed. Eleven minutes after being pronounced, the baby was noted to still be breathing. Resuscitation efforts were then re-started. She was again pronounced later that day. Decedent is survived by her parents. Co-Counsel with Kathryn L. Conway.

Settlement: $2,500,000.00

Medical Malpractice/Birth Injury/Wrongful Death: Following an induction of labor on January 19, 2021, the baby’s fetal heart rate tracings were initially normal. However, over the course of the next two days, the tracings became abnormal as did the mother’s contraction pattern. Pitocin administration continued despite the presence of abnormal tracings, without intervention from the medical providers, which included attending physicians, resident physicians, and nurses. According to Plaintiff’s experts, a c-section should have been performed on the afternoon of January 20th or the early morning of January 21st, based on the irregular and problematic heart rate tracings. Instead, a crash c-section was performed in the mid-morning of January 21st. The baby was born with hypoxic-ischemic encephalopathy and died on the same day of her birth. She is survived by her parents.

On January 2, 2015 full-term pregnant mother presented to deft community hospital, and was admitted overnight. Personnel there contacted a governmental hospital for a maternal/fetal medicine consult because of staffing limitations. Although fetal monitor strips were Category III, the mother was discharged home based on the medical advice that was received. The next day, the mother went to a major metropolitan hospital due to decreased fetal movement. However, more than 3 hours elapsed before an emergency C-section was done. As a result, the F-newborn sustained a brain injury, evidenced by permanent mild developmental delays and attention deficit disorder. (2020)