A $40 Million Birth Injury Verdict

The Illinois medical malpractice lawsuit alleged that the plaintiff’s mother was 40 weeks pregnant when she arrived at the defendant hospital in May 2003 with complaints of abdominal pain, cramping, and bleeding, all of which can be signs of a placental abruption, which is a medical emergency…medicalmalpracticelawyers.com, $40 Million Birth Injury Medical Malpractice Verdict, March 2023


Despite such complaints, the hospital staff allegedly failed to timely call for a physician to perform an emergency Cesarean section delivery that the plaintiff alleged would have avoided the harm suffered by the newborn.


As a result of the medical negligence, the child suffered seizures, mild cerebral palsy, speech disabilities, and developmental delays and has a significant executive function disorder along with memory deficits, the extent of which was reportedly the focus of the three-week trial. The defendant hospital reportedly had offered $3 million to settle the birth injury claims; the plaintiff’s Illinois medical malpractice lawyers suggested to the jury that they should award between $35 million and $37 million. The jury awarded $40 million.


The jury’s verdict included $20 million for future disability, $5 million for past disability, $4.75 million for future emotional distress, $750,000 for past emotional distress, $500,000 for past pain and suffering, $5 million for future caretaking expenses, and $4 million for future lost earnings.


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