Earlier this month, our Chicago personal injury lawyers read an article in the Sun Journal that reported on the conclusion of an birth injury lawsuit that was filed by a family following problems during the birth of their daughter. The lawsuit alleged that a midwife was negligent in her duties during the delivery, which lead to the young child suffering a series of permanent injuries.
The girl is now 10 years old and suffers from a rare genetic disorder known as Kabuki Syndrome. That already damaging medical issue was complicated by the mistakes made during her delivery. Lawyers for the girl’s family explain that the child suffered various problems because of a lack of oxygen to her brain during childbirth. They suggest that the midwife should have known that problems were developing that needed injury when the fetal monitor indicated that there was a problem. As a result of the error, the victim has severe mental retardation, is confined to a wheelchair, and requires a feeding tube to survive. The young girl is also blind and cannot verbally communicate.
Several years ago the midwife was ensnared in a similar lawsuit. That case involved the birth of a 5-year old who was born with cerebral palsy. As in the most recent case, the child suffered injury because of a lack of blood and oxygen to his brain. In each of these cases, the midwife should have recognized the signs of fetal distress and recommended an emergency Cesarean section. The family sued followed the mistake and the jury awarded them $6.71 million.