Levin & Perconti attorneys Steve Levin, Margaret Battersby Black, and Jaime Koziol Delaney secured a $9 million settlement on behalf of a child who suffered permanent, catastrophic brain damage at birth; damage that was entirely preventable if the medical staff had followed standard protocols for Group B Strep screening and treatment during labor and delivery.
What Is Group B Strep and Why Does It Matter During Pregnancy?
Group B Streptococcus (GBS) is a bacterial infection that can be carried by a pregnant woman without symptoms and transmitted to a newborn during labor and delivery. In newborns, GBS can progress rapidly to sepsis and meningitis, causing permanent brain damage or death. The standard of care in obstetrics requires screening pregnant patients for GBS between 35 and 37 weeks of pregnancy, and administering intrapartum antibiotics to those who test positive. This screening protocol exists precisely because GBS infections in newborns are largely preventable with timely intervention.
What Happened
The mother in this case was not screened for Group B Strep during the appropriate window of her pregnancy. She had no known risk factors that would have otherwise triggered antibiotic treatment during labor. The hospital and her physician did not administer the required GBS test.
As a result, the mother passed a Group B Streptococcal infection to her newborn daughter during labor and delivery. The infection progressed to sepsis and meningitis, causing a permanent and severe brain injury.
The child has no physical disabilities, but the neurological consequences of her injury are profound. Testing placed her IQ in the lowest first percentile. She suffers significant cognitive and memory impairments, impaired executive function, impulsiveness, and poor safety awareness. These deficits affect her ability to initiate or complete tasks and to recognize danger. While she is able to attend mainstream school with special education support, she will require adult supervision for the rest of her life and will never be able to live independently or maintain gainful employment.
“What makes this case so difficult is knowing that this little girl’s entire future was shaped by a test that was never ordered. This settlement cannot undo that, but it gives her family the resources to make sure she is cared for the way she deserves.”
The Standard of Care Was Clear
The standard of care requires GBS testing between 35 and 37 weeks of pregnancy. The hospital’s own policies and procedures supported that standard.
Our birth injury attorneys argued that had the mother been tested and returned a positive result, antibiotic prophylaxis during labor would have been administered. The infection would not have been passed to her daughter. The brain injury would not have occurred.
The Settlement
Levin & Perconti attorneys settled the case for $9 million.
But this number only means something in context: this child will require adult supervision for the rest of her life. She will never live independently. She will never be able hold a job.
This settlement funds the support she will need for the coming years: ongoing care, specialized services, and the security of knowing that her needs will be met even when her family no longer can.
Schedule a Free Medical Malpractice Consultation
If you believe you or a loved one has been hurt by a negligent healthcare provider, contact us online or call 312-467-7409 for a free, no-obligation consultation. We can evaluate the strength of your case, explain your legal rights, and help you determine the best course of action for you and your family.
