$52 Million Awarded in Chicago Cerebral Palsy Verdict

A defense motion for a new trial was denied by Cook County Judge John P. Kirby, thereby upholding a $52 million jury award. The case involved a now 12-year-old boy who was born with brain damage and cerebral palsy that was allegedly caused by medical malpractice at his birth.

Judge Kirby ignored the motions by the University of Chicago Medical Center objecting about actions by the plaintiff’s attorney. The plaintiff ‘s attorneys secured a $53 million verdict on June 29, 2016 for their client. The boy suffered brain damage at birth due to allegedly inadequate practices at the University of Chicago Medical Center, also called University of Chicago Medicine.

The trial went on for an entire month and the plaintiff’s legal representation brought forth that medical malpractice had occurred and should have been prevented. Post-trial motions petitioned for a retrial by the opposing counsel, but was denied by a trial judge.

Personal injury attorneys at Parker Waichman LLP are actively reviewing potential lawsuits on behalf of individuals who have suffered injury from medical negligence or malpractice.

Birth Injury Case

Before the birth of the child, the mother came to the University of Chicago Medical Center and told the staff she was feeling decreased fetal movement from her unborn child. She was evaluated immediately and it was determined by a first-year resident that her unborn baby was in fetal distress. Another 11 hours would pass before an obstetrician would examine the plaintiff.

An emergency C-section (caesarian) was performed, but by that time, the damage had been done. The baby was born with brain damage that would be diagnosed later as cerebral palsy and a seizure disorder, all caused directly by the alleged delay in the mother’s treatment.

It was claimed that the University of Chicago Medicine did not receive a fair trial. Procedural errors allegedly had made the case result unusable. After extensive review, Judge Kirby denied the request for a retrial and upheld the verdict in the plaintiff’s favor.  At the end of December, the monetary verdict amount was reduced by approximately two percent to rectify what was considered a technical error.

The University of Chicago Medical Center must begin to pay the plaintiff the rewarded verdict. If the Medical Center does not, it must file an appeal to a higher court. It is currently unknown if that will be the intention of the medical organization.

About Cerebral Palsy

Cerebral palsy is a disorder affecting movement, muscle tone or posture that is caused by damage that occurs to the developing or immature brain, most frequently before birth. Signs and symptoms appear during infancy or preschool years. Generally, cerebral palsy causes impaired movement associated with abnormal reflexes, floppiness or rigidity of the limbs and trunk, abnormal posture, involuntary movements, unsteady walking, or some combination of these symptoms.

Cerebral palsy may cause people to have problem swallowing and typically have eye imbalance, where eyes don’t focus on the same object. Those with cerebral palsy may also suffer reduced range of motion at various joints of their bodies because of muscle stiffness, according to the Mayo Clinic.

The effects of cerebral palsy on functional abilities varies greatly. Some of those affected can walk, while other are unable to. Some people have normal or near-normal intellectual capacity, but other may have intellectual or learning disabilities. Epilepsy, blindness, or deafness may also be present.

$52 Million Awarded in Chicago Cerebral Palsy Verdict

Some indications of cerebral palsy in a baby or young child are: delays in reaching motor skill milestones, like pushing up on arms, sitting up alone, or crawling; favoring one side of the body, such as reaching with only one hand or dragging a leg while crawling; difficulty walking, such as walking on toes, a crouched gait, a scissors-like gait with knees crossing, a wide gait, or an asymmetrical gait; excessive drooling, or problems swallowing; difficulty with sucking or eating; delays in speech development or difficulty speaking; difficulty with precise motions, such as picking up a spoon or crayon; and seizures.

The brain disorder that causes cerebral palsy does not change with time, therefore, the symptoms usually do not worsen with age. But, muscle shortening and muscle rigidity may worsen if not treated aggressively, the Mayo Clinic reports.

Do You Seek Legal Advice Concerning a Birth Injury?

If you or someone you know has been affected by a birth injury, you may have valuable legal rights. Parker Waichman LLP is a nationwide, renowned personal injury law firm that has successful experience handling medical negligence and birth injury cases. We urge you to contact the Parker Waichman attorneys at 1-800-YOURLAWYER (1-800-968-7529).

from Parker Waichman http://www.yourlawyer.com/blog/52-million-awarded-in-chicago-cerebral-palsy-verdict/