Levin & Perconti secured an $8 million settlement for the family of a young boy who suffered a brain injury after medical providers delayed his delivery despite more than 48 hours of labor following his mother’s water breaking. Attorneys Michael F. Bonamarte IV, Jaime Koziol Delaney, Dov Apfel, Seth L. Cardeli, and Isabela R. Bacidore represented the family.
What Happened
On April 4, 2015, our client’s mother arrived at a Chicago hospital just over 40 weeks pregnant after her water broke. She had previously delivered by C-section but planned to attempt a vaginal delivery. Despite our client showing signs of fetal distress, medical providers allowed his mother’s labor to continue for more than 48 hours after her membranes ruptured. They administered Pitocin, a drug used to stimulate contractions, for 24 hours despite her cervix remaining in the early stages of labor.
When doctors finally ordered a C-section, another four hours passed before they delivered her son. During the delivery, doctors discovered pus and meconium, the baby’s first stool.
The newborn showed signs of serious distress, with Apgar scores of just 1, 2, and 4. He suffered a hypoxic-ischemic brain injury, which occurs when the brain does not receive enough oxygen and blood flow.
As a result of his birth injury, our client developed severe hyperactivity and behavioral difficulties. These challenges continue to affect his daily life at home and at school.
What Levin & Perconti Argued
Levin & Perconti argued that medical providers violated the standard of care by allowing labor to continue for more than two days despite the mother’s failure to progress. The team also argued that the additional four-hour delay between ordering the C-section and delivering the baby caused even more harm to the newborn.
Proving that the delays caused the boy’s injuries presented a significant challenge. At the time of his birth, his fetal heart rate tracings and cord blood gas results were largely normal, giving the defense grounds to dispute whether the delays caused his brain injury.
Levin & Perconti worked with medical experts to establish the connection between the prolonged labor, delayed delivery, and resulting injuries.
“Brain injuries do not always look the way people expect. For our client, the effects appear in his behavior. One of our biggest challenges was showing that these struggles stemmed from his birth injury rather than other circumstances in his life. Developmental challenges are real, and they deserve to be taken just as seriously as any physical disability.”
$8 Million Settlement
Levin & Perconti attorneys secured an $8 million settlement on April 8, 2024, just one month before the case was scheduled for trial.
Our client was only a newborn when he suffered his brain injury, but he continues to live with its effects. The settlement cannot reverse that injury or erase the challenges he faces. What it can do is provide financial resources to help those caring for him obtain the support and services he needs as he grows.
Schedule a Free Medical Malpractice Consultation
If a doctor, nurse, hospital, or other medical professional’s carelessness has harmed you or someone you love, reach out through our website or call 312-332-2872 to schedule a free consultation with no obligation. We’ll review what happened, explain your rights under Illinois law, and walk you through your options so you can decide how to move forward with confidence.
