IL Hospital Settles Birth Injury Lawsuit for $6.5 Million

June 22, 2011

According to a recent article published in the Chicago Daily Law Bulletin, Advocate Lutheran General Hospital has agreed to pay out a $6.5 Million dollar settlement after failing to perform a cesarean section in a timely enough manner to prevent a child from being born with severe birth injuries.

The money was awarded to Denice Cisneros and her daughter for the birth injury her daughter suffered at the hospital during her birth. The lawsuit alleged that hospital staff failed to perform a cesarean section in a timely manner during the child’ birth in September of 2000. The complaint filed on behalf of the girl claimed that the hospital staff failed to notice the presentation of the baby’ head and that they also failed to diagnose cephalic pelvic disproportion. This specific condition occurs when the baby’ head is too large for the mother’ pelvis.

Court records indicate that the physician and a nurse misread fetal monitoring strips and gave the mother a drug to strengthen the contractions even though her contractions were fine. The Chicago Birth Injury Lawyer representing the family explained that despite stronger contractions, the baby did not descend and the obstetrician failed to immediately order a cesarean section which would have saved the baby from oxygen deprivation.

According to court reports, the umbilical cord also became compressed between the baby’ cheekbone and the mother’ pelvis during birth further complicating the issue. The family’ attorney also claimed that a cesarean section was not ordered until the baby’ heart-rate dropped for more than fifteen minutes.

The lawsuit alleged that the mother was not properly anesthetized and claimed that hospital staff had to physically hold her down so an abdominal incision could be made. The child now suffers from cerebral palsy and mental retardation as a result of the lack of oxygen during the birth.