Augusta GA Personal Injury Lawyer – $12 Million Settlement in Birth Injury Lawsuit Against OSF Healthcare
Record Personal Injury Settlement for Rockford Area
ROCKFORD, Ill.–(BUSINESS WIRE)–The family of a brain-damaged boy, severely injured during birth, today settled their medical malpractice lawsuit against St. Anthony Medical Center in Rockford for $12 million. The settlement is the largest of any personal injury case in Winnebago County.
The lawsuit was brought by Patricia and Wendell Law, on behalf of their son, Jeremy against OSF Healthcare System, Inc (St. Anthony Medical Center); Dr. L. Wimal Fernando; and Connie King, RN.
Kevin G. Burke of Burke, Mahoney & Wise (Chicago, Illinois) and Benjamin A. Crane and Gregory A. Coplan of Coplan + Crane (Oak Park, Illinois) represented the Law family.
Jeremy, now 4 years old, has spastic quadriparesis, a form of cerebral palsy. He remains dependent on a ventilator and requires around-the-clock care. According to the lawsuit, hospital staff failed to recognize that Jeremy was positioned for a breech delivery, failed to recognize signs of fetal distress and failed to deliver him by Caesarian section in a timely way. As a result, Jeremy did not receive sufficient oxygen during delivery and suffered massive brain damage.
“A failure to communicate accurate information and take appropriate action doomed this child’s future,” said Mr. Burke. “The nursing staff assumed – but failed to verify – the fetal presentation. Given the wrong information, Dr. Fernando accelerated the labor and Jeremy suffered catastrophic injuries.”
Ms. Law was admitted to the labor and delivery floor at St. Anthony’s on the morning of November 7, 2004. At 8:00 a.m., Nurse King administered Pitocin as a means of stimulating labor. Dr. Fernando testified that he ordered the Pitocin after the nursing staff had informed him earlier that the baby was in a heads-down presentation and prepared for delivery. Dr. Fernando testified he would not have ordered the Pitocin if he knew the baby were in a breech position and instead, would have performed a Caesarian section.
At approximately 8:12 a.m., the fetal heart beat was no longer consistent. Despite this development, Ms. King increased the Pitocin at 8:15 a.m. She had not performed a vaginal examination and still assumed the baby was in a heads-down presentation.
Between 8:20 and 8:30, Ms. Law experienced a sharp pain in her abdomen. Nurse King still could not obtain a reliable heartbeat and at 8:33 a.m. she placed a fetal scalp electrode on – what she assumed to be – the baby’s head. By 8:37 a.m., the baby was in profound bradycardia, an extremely slow heartbeat which results in inadequate oxygen to the brain.
Nurse King left the room to find an anesthesiologist to administer an epidural. At 8:54 a.m. another doctor ordered an emergency Caesarean section. At 9:18 a.m., Jeremy was finally delivered by Caesarian section, in breech presentation, with the fetal scalp electrode attached to his backside. Medical records indicated that the placenta had ruptured during labor, accounting for the sharp pain Ms. Law felt between 8:20 a.m. and 8:30 a.m.
Today, Jeremy’s developmental age is that of a two month-old infant. Pediatric neurologists have told the family that Jeremy will not make any further developmental progress. He will never be able to make purposeful movements such as holding his head up, rolling over unassisted, sitting, crawling, standing, walking or grasping. He will continue to grow physically, however, making caring for him extraordinarily difficult. Today’s settlement will provide the total medical care and support services that Jeremy will require for the rest of his life.
Gonzalez & Waddington are Augusta GA personal injury, car wreck lawyers. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients. Contact us by using this Contact Form or calling our Augusta GA personal injury law firm at (706) 821-2222.
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