On June 27, 2022, a Cook County jury awarded $20 million to Bonita Johnson and her son, Anthony Harris, after a finding of medical malpractice at Advocate Christ Hospital and Medical Center. The jury determined that medical staff failed to perform a timely cesarean section during labor, leading to a severe brain injury for the newborn due to oxygen deprivation.
This life-altering injury will have a lasting impact on Anthony, who is now seven years old. The lawsuit was filed by Levin & Perconti on behalf of the plaintiffs, alleging that the failure to provide proper care resulted in the catastrophic injury that will affect Anthony for the rest of his life.
Key Takeaways:
- $20 Million Verdict: Awarded to a mother and son in a medical malpractice case involving a birth injury due to delayed cesarean section.
- Legal Representation: The case was handled by the skilled team at Levin & Perconti, with attorneys recognized for their expertise in medical malpractice.
- Impact on the Family: The verdict ensures that Anthony Harris will receive lifelong care, addressing the lasting consequences of medical negligence.
Who Were the Attorneys Involved in the Case?
The case was handled by a dedicated team at Levin & Perconti. The lead attorney, Margaret P. Battersby Black, along with her colleagues, Michael F. Bonamarte, IV, Cari F. Silverman, Dov Apfel, and Seth L. Cardeli, represented Johnson and her son during the trial.
“We are grateful to the jurors for seeing this case for what it was, a very preventable tragedy. If the nurses and doctors had done their job and provided the proper medical care required under the circumstances, Anthony would be leading a normal healthy life,” said Margaret Battersby Black, the plaintiffs’ attorney, and a partner at Levin and Perconti.
Recipient of Super Lawyers Top 100 Lawyers in Illinois and Top 50 Women Lawyers honors, consistently recognized since 2020.
Awards include the 2023 Carole K. Bellows Women of Influence, and named to the Chicago Daily Law Bulletin’s “40 Under 40” in 2011.
Has led cases resulting in high-value recoveries—such as a $17.7M medical malpractice settlement, $9M birth injury, $4.1M nursing home verdict, and a $7.5M Jones Act award.
A seasoned trial lawyer awarded Best Lawyers in America and long-listed on Illinois Super Lawyers—Rising Star (2011–2019), Super Lawyer (since 2019).
Responsible for results like a $40M birth injury verdict, $2.9M nursing home verdict,, $12M medical malpractice verdict, and multi-millions in other malpractice wins.
A national expert in birth injury litigation with more than four decades of experience since 1979.
He was honored with the Dan Cullan Memorial Lifetime Achievement Award in 2011.
A recognized leader in birth trauma advocacy, having contributed legal scholarship and presented at AAJ & ATLA conferences.
Joined the firm in 2011, honored on the Law Bulletin Publishing Company’s “40 Under 40” in 2014.
Shortly after joining, achieved a $592K medical malpractice verdict as second-chair in her first jury trial.
Seth Cardeli has been recognized by Super Lawyers as a "Rising Star" in Medical Malpractice – Plaintiff from 2016 to 2018 and again in 2020 and 2021 and as a “Super Lawyer” in Medical Malpractice – Plaintiff from 2023-2025.
Co-chair of the Birth Trauma Litigation Group of the American Association for Justice, regularly leads seminars and publishes on birth injury defense strategies.
How Did the Medical Malpractice Affect Anthony Harris?
Anthony Harris, who is now seven, will require lifelong medical care, including personal and financial support, due to the brain injury sustained during birth. This injury was a direct result of the medical staff’s failure to respond to warning signs that the unborn child was in distress.
The jury’s verdict was not only a significant legal victory but also an important recognition of the long-term impacts that medical malpractice can have on families. ““Due to their negligence, Anthony will require lifelong medical, personal and financial care. He will never be able to support himself or live alone.”,” Battersby Black added.
What Were the Key Legal Arguments in the Case?
During the three-week trial, Levin & Perconti attorneys presented compelling evidence showing that in the final hours of labor, it was clear that Anthony was not receiving sufficient oxygen. Despite signs of distress, the medical team failed to act promptly, ignoring established protocols and guidelines designed to prevent birth-related injuries.
Bonita Johnson, the mother, was admitted to Advocate Christ Hospital on October 15, 2014, at 40 weeks pregnant. Medical staff were aware that the unborn child had intrauterine growth restriction, a condition that increased the likelihood of complications during labor. This necessitated heightened monitoring to ensure the baby’s well-being.
“The medical staff failed to do the proper thing time and time again. It was not one mistake, it was many mistakes,” said Mike Bonamarte, Managing Partner at Levin & Perconti. “There was no sense of urgency, concern or action regarding Anthony’s worsening condition. His brain injury was not inevitable, it was the result of not performing the c-section in a timely manner.”
How Did the Jury Reach Their Verdict?
After a thorough deliberation of less than five hours, the jury returned a favorable verdict for Johnson and her son, awarding $20 million. While the attending doctor was not found guilty, as she was not made aware of the complications, the jury found that the other medical staff’s negligence led to the injury.
The jury’s swift and unanimous decision highlighted the significant responsibility of healthcare providers in ensuring timely intervention during labor. “Anthony’s brain injury was not inevitable; it was a direct result of not performing the c-section in a timely manner,” said Bonamarte.
What Is Levin & Perconti’s Role in Birth Injury Cases?
Levin & Perconti has a long history of representing victims in birth injury and medical malpractice cases. Attorneys Dov Apfel and Seth L. Cardeli, who joined Levin & Perconti in 2020, have significantly expanded the firm’s practice in these areas. Apfel and Cardeli are recognized nationally for their expertise in birth trauma cases, having represented clients in 25 states.
“We were able to expand our firm’s practice in birth trauma and obstetrical malpractice claims significantly with their assistance. They set the standard for handling these complex and difficult cases in a way that makes a difference in the lives of injured children and their families,” said Steve Levin, co-founding partner at Levin & Perconti. “This $20 million verdict for Anthony Harris is a continuation of our commitment to justice in birth injury cases.”
What Is the Impact of This Case?
This case sets a crucial precedent in birth injury lawsuits in Illinois. The jury’s ruling reflects the growing awareness of how delays in medical intervention during childbirth can lead to irreversible harm. It also emphasizes the importance of timely and effective communication among medical staff to prevent avoidable injuries.
For Anthony Harris and his mother, this $20 million verdict will ensure that he receives the necessary care for the rest of his life, providing his family with some peace of mind amid the ongoing challenges they face.
Appellate Update: Illinois Court Affirms $20M Verdict
In May 2025, the Illinois First District Appellate Court affirmed the $20 million jury verdict awarded to Bonita Johnson and her son, Anthony Harris. The appellate court upheld the trial court’s findings and reinforced the conclusion that the hospital’s negligence caused permanent harm to the child due to a delayed cesarean section.
In addition to affirming the verdict, the court awarded prejudgment interest, bringing the total judgment amount to approximately $20.9 million. This ruling further strengthens the precedent set by the trial and reaffirms the responsibility of medical professionals to act promptly in labor emergencies.
About Levin & Perconti
Levin & Perconti is a nationally renowned law firm specializing in personal injury, medical malpractice, nursing home abuse, and wrongful death litigation. The firm is dedicated to fighting for the rights of individuals injured due to negligence, systemic flaws, and corporate disregard for human well-being.
The firm has achieved numerous significant verdicts and settlements, demonstrating their commitment to protecting the injured and holding wrongdoers accountable.
How We Can Help You
- Free Case Evaluation: We listen carefully and assess your claim with no obligation.
- Birth Injury Expertise: Our attorneys specialize in birth trauma and medical malpractice.
- Dedicated Support: We fight for the compensation and care your family deserves.
Media Coverage
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