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Cook County Woman Awarded Settlement for Medical Negligence During Childbirth

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

In April 2004, an expectant mother was ready to give birth to her child and was headed for the University of Chicago Medical Center in the wee hours of the morning, but she sensed that something might be wrong; her baby hadn’t been moving in the same ways he had in the preceding days and hours. Even when the fetal heart monitor immediately showed signs of distress, the Center’s student resident doctors did not take action, and ultimately no action was taken for twelve hours.

The woman’s baby boy was not breathing when doctors finally initiated an emergency Caesarean section, and he was revived and rushed to the neonatal intensive care unit (ICU) where he stayed for weeks on life support. Unfortunately, the damage to his brain was too significant and he was diagnosed with cerebral palsy as well as asphyxia, meaning he suffered from suffocation and lack of oxygen at birth. He cannot walk, bathe, or feed himself independently and requires round-the-clock care. It is truly a nightmare scenario for an expectant mother not only because of the child’s permanent disabilities, but also because his condition was the result of medical negligence.

Recently, a Cook County jury awarded the mother and her son a settlement worth $53 million not only to cover the boy’s lifetime of health care costs, but also to help compensate the family for their pain and suffering past, present, and future. This included: $2.7 million for disfigurement; $2.7 million for “loss of a normal life;” $2.7 million or pain and suffering past and future; $2.7 million for emotional distress; and more for medical and caretaking expenses past and future and loss of future earning capacity.

Regardless of medical expenses, a settlement as high as $53 million can only seem excessive until you remember that 12 year-old Isaiah Ewing could have been born a healthy and normal baby if not for the medical negligence that occurred. Instead, he has always been and will be disabled and unable to enjoy normal human relationships with friends, family, or his parents.
Medical error is now the third-leading cause of death in the United States, behind only heart disease and cancer, and health care professionals and providers must be held accountable for any injury or death that results directly from medical negligence or malpractice.

Contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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