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Family Wins $101M Medical Malpractice Verdict in Birth Injury Case


A Chicago jury awarded a family over $100 million after they say nurses allowed their unborn baby to go oxygen-deprived for over 6 hours. Even after the child’s mother told nurses that she could not feel her baby move, the nurses neglected to monitor the child. If proper monitoring occurred, the nursing staff would have realized that the child was deprived of oxygen.

Oxygen deprivation is usually the cause of severe brain damage in the unborn. When the child goes without oxygen for extended periods of time, certain areas of the child’s brain can be severely damaged. This can lead to serious permanent disability which is why jury verdicts in cases like this may reach nine figures. This child will need 24-hour care for the remainder of his life and it should neither be the parents nor the state who absorb the costs of his care. Instead, it will be the hospital since their inaction led to the brain damage in the first place.

What Happened? 

A young mother who was 34 weeks pregnant went to a Chicago-area hospital in 2014. There, she told nurses that she could not feel her baby moving. The hospital staff neglected to call in a doctor nor did they monitor the baby’s oxygen levels. The child is now five years old, requires 24-hour care, and cannot walk or talk.

The child’s mother said that the verdict will allow her to bring her son home. She says that while the child will not have a normal life as he should, he still smiles and laughs and brings her life great joy.

In cases like these, families are often saddled with exorbitant medical costs given the unique and pervasive needs of children impacted by brain damage. The family will now be able to afford in-home care for their child which will increase his quality of life.

The Hospital’s Response 

The hospital expressed disappointment over the jury verdict but told reporters that they will respect the decision of the jury, will not appeal the verdict, and wish the family well. As a result of the verdict, the child will be able to stay with his mother at their Illinois home. They will be able to make adjustments to their home that will accommodate the child and pay for in-home nursing for the duration of his life.

Typically, families with these kinds of issues authorize the fabrication of trusts for the child. The jury award is placed into the trust or invested. Funds from the trust are then allocated for the child’s needs.

Talk to a Tampa Medical Malpractice Attorney Today 

Birth injury lawsuits are among the most devastating. The case above describes a child who was robbed of any chance at a normal life and a family that had to absorb the costs related to his care. If your child has suffered a birth injury due to medical negligence, the Tampa birth injury attorneys at Palmer | Lopez can help you create a nest egg for your child. Talk to us today for a free consultation.


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