An Illinois hospital and physician have agreed to a $6.5 million present cash value settlement for a young girl who suffered a brain injury during birth. The brain injury resulted in debilitating cerebral palsy with mild to moderate mental retardation and occurred when the Illinois hospital physicians failed to timely perform a Cesarean section. The Illinois birth injury settlement was reached during mediation and was approved in the Circuit Court of Cook County. Cook County injury attorneys John J. Perconti and Patricia L. Gifford represented the injured child and her family.
More than ten years ago on September 26, 2000, Denice Cisneros of Chicago went to an Illinois hospital in labor after having a normal and uncomplicated pregnancy with her first child. During her pregnancy, Denice heeded her doctor’s advice and expected a normal delivery. During a prolonged second stage of labor, the family practitioner and labor and delivery nurse failed to determine the presentation of the baby’s head and failed to diagnose cephalic pelvic disproportion, a condition occurring when the baby’s head is too large to fit through the mother’s pelvis. The Illinois medical malpractice also involved the physician and nurse misreading fetal monitoring strips and giving Denice a medication used to induce labor though her contractions were adequate. Yet, despite a four hour second stage of labor, the baby did not descend. When an obstetrician consulted, he witnessed late and variable decelerations on the fetal monitoring strips, but did not order an emergency C-section.
Throughout the next half hour, the baby experienced several more late decelerations, culminating in a terminal bradycardia for over fifteen minutes. When the obstetrician returned, he ordered an immediate Cesarean. However, the anesthesiologist administered an epidural block rather than a general anesthesia and Denice was not properly anesthetized for the emergent surgery. Staff had to restrain Denice as the incision was made. The newborn was delivered, but due to brain oxygen deprivation, suffered hypoxic ischemic encephalopathy, causing cerebral palsy and mental retardation. As a result, the child – now 10 years of age – has difficulty walking and suffers from motor delays and moderate cognitive deficits. The Illinois birth injury settlement will allow the family to provide the child with ongoing care and medical treatment throughout her lifetime.
Follow the link to read more about the $6.5 million birth injury settlement.