This settlement is the latest in a series of significant victories in birth injury cases for Levin & Perconti during the last 18 months.
Chicago, Il. January 3, 2023 – Chicago personal injury and medical malpractice firm Levin & Perconti obtained a $29 million dollar settlement on December 6, 2023 for the family of an 11-year-girl who suffered a severe a brain injury during childbirth at the University of Illinois at Chicago Medical Center. The injury was due to a placental abruption at 28 weeks pregnancy causing a lack of oxygen and blood flow to the baby. The medical providers failed to promptly identify the placental abruption and deliver the baby by immediate c-section. The girl developed cerebral palsy as a result. The settlement agreement was reached one day before closing arguments were set to begin during the three-week trial before Cook County Circuit Court Judge Gerald Cleary.
“We presented a very strong case that the severe birth injury never would have happened if the medical staff had performed a c-section in a timely manner and not ignored obvious signs of distress,” said Margaret Battersby Black, managing partner at Levin & Perconti and one of the family’s attorneys. “While we are pleased with the settlement, the 11-year-girl and her family will still have to live with the consequences of this negligence for the rest of their lives.”
During the trial, the attorneys presented evidence that the mother began showing signs of distress in August of 2012 when she was 28 weeks pregnant. She made two trips to the emergency room after experiencing pain, fever, chills, and bleeding. On the second trip, she was admitted to the hospital for surveillance and a plan was put in place to monitor her condition. During the next day, her condition worsened as she started to bleed and changes in the baby’s heart rate were noted by nursing staff. However, these changes were not communicated to a doctor timely. Once doctors were involved, a suspected placental abruption was identified but immediate action to deliver the baby was not taken. Ultimately, an emergency c-section was performed but because of the delayed delivery, the baby suffered a severe brain injury from a lack of oxygen and ultimately developed cerebral palsy.
“If the medical staff had paid closer attention and been proactive, this tragedy would never have occurred and the girl would be living a normal life. Instead, she is dependent on her family for everything. She will require continual medical treatment and surgery in the future and special care for the rest of her life,” said the family’s attorney Mike Bonamarte, managing partner at Levin & Perconti. “This settlement gives the family peace of mind that their daughter will be able receive the care she needs throughout her life.”
The Levin & Perconti trial team included managing partners Mike Bonamarte and Margaret Battersby Black, partners Seth Cardeli, Dov Apfel, Dan Broderick, and associate Isabela Bacidore.
This settlement is the latest in a series of significant victories in birth injury cases for Levin & Perconti. Those successes include a record $40 million verdict in a birth injury case in 2023 and a $20 million verdict in another birth injury case in June 2022.
“We are very proud of our birth injury case team and the great success they have had obtaining justice for families,” said Steve Levin, founding partner at Levin & Perconti. “Their extensive experience and skill handling these cases and their passion for helping families obtain the necessary resources to care for their injured children is unmatched.”
Defense lawyers Sherri Arrigo, Tim Hogan, Kylie Ostling represented the physicians and Marilee Clausing, Aaron Ryan, and Kyli Cotton represented the nurses.
About Levin & Perconti
Levin & Perconti is a nationally renowned personal injury law firm concentrating in all types of serious injury, medical malpractice, nursing home abuse, and wrongful death litigation. The lawyers at Levin & Perconti are committed to protecting and vindicating the rights of people who are injured by the negligence of others. Our record of success has earned us widespread recognition among our peers along with the respect of our adversaries who know that we will never settle a case for less than full compensation. We have recovered more than a billion dollars in verdicts and settlements for our clients, including a number of record results. Please visit www.levinperconti.com for more information.