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Levin & Perconti Obtains a $18M Birth Injury Settlement After a Three-Week Trial

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Levin & Perconti secured an $18 million settlement in a birth injury case against a Chicago-area hospital just before closing arguments were set to begin. The agreement was reached after a three-week trial in March 2025, representing a life-changing victory for the affected family. 

Key Takeaways:

  • $18 Million Settlement: Reached just before closing arguments in a birth injury case involving delayed c-section and resulting cerebral palsy.
  • Experienced Legal Team: Handled by Levin & Perconti’s birth injury attorneys, including Mike Bonamarte and Margaret Battersby Black.
  • Lifelong Impact: The settlement ensures comprehensive care and financial security for the child, covering therapy, home care, and specialized education.

What Happened In This Birth Injury Case?

A first-time mother, at 40 weeks pregnant, arrived at the hospital ready to deliver. Despite clear signs of fetal distress, the hospital failed to timely call for and perform a cesarean section. As a result, the child suffered hypoxic ischemic encephalopathy (HIE) and was later diagnosed with cerebral palsy—a lifelong condition that affects motor skills and muscle coordination. 

 The hospital’s delay in delivering the baby via c-section constituted a failure to meet the standard of care and resulted in permanent injury. 

Who Were The Attorneys That Secured The $18m Settlement?

This major result was led by Levin & Perconti’s top medical malpractice team. Attorneys involved include:

Michael F. Bonamarte IV (Partner)

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.

Margaret P. Battersby Black (Lead Counsel, Partner)

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.

Dov Apfel (Partner)

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.

Seth L. Cardeli (Partner)

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.

Jenna L. Ewing – Associate

An associate attorney focused on birth injury and medical malpractice litigation in Chicago, known for her strong analytical skills and dedication to achieving favorable outcomes in complex cases.

She graduated cum laude from Northern Illinois University College of Law and served as President of the Young Lawyers Association in 2018-2019.

How Will The $18m Settlement Support The Child’s Future?

The settlement funds will provide lifelong care for the child, covering medical expenses, therapy, adaptive technology, specialized education, and home care. This financial support allows the family to focus on their child’s well-being without the burden of medical costs, ensuring they have the resources necessary to address the child’s ongoing care needs. 

“Fighting for this young girl’s future has been an honor,” said Managing Partner Margaret Battersby Black. “She has already shown incredible resilience, and knowing that this settlement will provide the support she needs reaffirms that justice was truly served here. It eases her parents of financial stress and ensures they can focus on her well-being.” 

Why Is This Case Legally Significant?

This settlement was achieved through a strategic combination of expert witness coordination, medical negligence analysis, and strong courtroom advocacy. The legal team was prepared to 

demonstrate that the hospital’s failure to act—despite documented fetal distress—directly caused preventable brain damage. 

The hospital agreed to settle on the eve of closing arguments, acknowledging liability and the strength of the plaintiff’s case. 

“We extend our heartfelt gratitude to our incredible team of experts, attorneys, paralegals, legal assistants, records coordinators, intake professionals, and support staff, whose unwavering dedication made this success possible. We appreciate the countless hours of work that went into this case. Above all, we thank our clients for placing their trust in us to share their story and make their voices heard.” – Levin & Perconti team 

What Are Some Of Levin & Perconti’s Other Birth Injury Case Results?

This $18 million resolution adds to Levin & Perconti’s nationally recognized record of high-value results in birth injury litigation. Other notable victories include:

These outcomes reflect the firm’s reputation for securing full compensation in cases involving medical negligence and lifelong harm. 

About Levin & Perconti

Levin & Perconti is a nationally recognized personal injury law firm based in Chicago. The firm focuses on serious injury, medical malpractice, nursing home abuse, and wrongful death cases. With over $2 billion recovered in verdicts and settlements—including numerous record-setting results—Levin & Perconti is known for fighting for full justice on behalf of clients. 

What Does It Cost to Hire Levin & Perconti?

Levin & Perconti operates on a contingency fee basis, meaning clients do not have to pay any upfront legal fees. Instead, the firm only collects a fee if the case is successful and results in a settlement or verdict. This allows clients to pursue justice without worrying about paying for legal services out-of-pocket. 

Media Coverage

This case was reported by major news outlets including:

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