$12 Million Settlement in Birth Injury Lawsuit Against OSF Healthcare, Announces Burke, Mahoney & Wise.Record Personal Injury Settlement for Rockford Area ROCKFORD, Ill. -- The family of a brain-damaged boy, severely injured during birth, today settled their medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. lawsuit against St. Anthony Medical Center in Rockford for $12 million. The settlement is the largest of any personal injury case in Winnebago County. The lawsuit was brought by Patricia and Wendell Law, on behalf of their son, Jeremy against OSF See Open Group. OSF - Open Software Foundation Healthcare System, Inc (St. Anthony Medical Center); Dr. L. Wimal Fernando; and Connie King, RN. Kevin G. Burke of Burke, Mahoney & Wise (Chicago, Illinois) and Benjamin A. Crane and Gregory A. Coplan of Coplan + Crane (Oak Park, Illinois Oak Park, Illinois is a suburb just west of Chicago in Cook County, Illinois, United States. Oak Park has easy access to downtown Chicago (the Chicago Loop) thanks to public transportation such as the Chicago 'L', CTA buses, and Metra commuter rail. ) represented the Law family. Jeremy, now 4 years old, has spastic spastic /spas·tic/ (spas´tik) 1. of the nature of or characterized by spasms. 2. hypertonic, so that the muscles are stiff and movements awkward. spas·tic adj. 1. quadriparesis, a form of cerebral palsy cerebral palsy (sərē`brəl pôl`zē), disability caused by brain damage before or during birth or in the first years, resulting in a loss of voluntary muscular control and coordination. . He remains dependent on a ventilator and requires around-the-clock care. According to the lawsuit, hospital staff failed to recognize that Jeremy was positioned for a breech delivery breech delivery n. Delivery of a fetus with the buttocks or feet appearing first. Also called breech birth. breech delivery Obstetrics Extraction or expulsion of the fetus feet or buttocks first , failed to recognize signs of fetal distress and failed to deliver him by Caesarian caesarian n. Variant of cesarean. section in a timely way. As a result, Jeremy did not receive sufficient oxygen during delivery and suffered massive brain damage. "A failure to communicate accurate information and take appropriate action doomed this child's future," said Mr. Burke. "The nursing staff assumed - but failed to verify - the fetal presentation. Given the wrong information, Dr. Fernando accelerated the labor and Jeremy suffered catastrophic injuries." Ms. Law was admitted to the labor and delivery floor at St. Anthony's on the morning of November 7, 2004. At 8:00 a.m., Nurse King administered Pitocin as a means of stimulating labor. Dr. Fernando testified that he ordered the Pitocin after the nursing staff had informed him earlier that the baby was in a heads-down presentation and prepared for delivery. Dr. Fernando testified he would not have ordered the Pitocin if he knew the baby were in a breech position and instead, would have performed a Caesarian section. At approximately 8:12 a.m., the fetal heart beat was no longer consistent. Despite this development, Ms. King increased the Pitocin at 8:15 a.m. She had not performed a vaginal examination and still assumed the baby was in a heads-down presentation. Between 8:20 and 8:30, Ms. Law experienced a sharp pain in her abdomen. Nurse King still could not obtain a reliable heartbeat and at 8:33 a.m. she placed a fetal scalp electrode on - what she assumed to be - the baby's head. By 8:37 a.m., the baby was in profound bradycardia bradycardia: see arrhythmia. , an extremely slow heartbeat which results in inadequate oxygen to the brain. Nurse King left the room to find an anesthesiologist Anesthesiologist A medical specialist who administers an anesthetic to a patient before he is treated. Mentioned in: Anesthesia, General, Appendectomy, Parathyroidectomy anesthesiologist to administer an epidural epidural /epi·du·ral/ (-dur´il) situated upon or outside the dura mater. ep·i·du·ral adj. Located on or over the dura mater. n. . At 8:54 a.m. another doctor ordered an emergency Caesarean section. At 9:18 a.m., Jeremy was finally delivered by Caesarian section, in breech presentation, with the fetal scalp electrode attached to his backside. Medical records indicated that the placenta had ruptured during labor, accounting for the sharp pain Ms. Law felt between 8:20 a.m. and 8:30 a.m. Today, Jeremy's developmental age is that of a two month-old infant. Pediatric pediatric /pe·di·at·ric/ (pe?de-at´rik) pertaining to the health of children. pe·di·at·ric adj. Of or relating to pediatrics. neurologists have told the family that Jeremy will not make any further developmental progress. He will never be able to make purposeful movements such as holding his head up, rolling over unassisted, sitting, crawling, standing, walking or grasping. He will continue to grow physically, however, making caring for him extraordinarily difficult. Today's settlement will provide the total medical care and support services that Jeremy will require for the rest of his life. The case number is 06 L 249. Judge Edward Prochaska issued today's order settling the case. The defendants' attorneys are: Mr. Jerrod Barenbaum Ms. Lisa Munch Hinshaw & Culbertson 100 Park Avenue P.O. Box 1389 Rockford, IL 61105-1389 Phone: 815-490-4900 Attorneys for St. Anthony Medical Center and Connie King, R.N. Mr. William Cunningham Ms. Beth Szerlong Cunningham, Meyer & Vedrine, P.C. 4200 Cantera Drive, Suite 112 Warrenville, Illinois 60555 Phone 630-260-8600 Attorneys for Wimal Fernando, M.D. |
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