| Cerebral Palsy Articles Largest Birth-Injury Settlement Awarded in Illinois County An Aurora, Illinois, woman and her son recently received a record $15.35 million in a birth-injury settlement. County officials stated that the payout, approved by Judge Kurt Klein, was the largest ever in DeKalb County and one of the largest in Illinois history. The history-making settlement resulted from a medical malpractice lawsuit filed against Dr. Martin Brauweiler, Valley West Community Hospital (VWCH) in Sandwich, a nurse, and the Medical Staffing Network by the mother of a now seven-year-old boy living with incurable cerebral palsy and mental retardation as a result of severe brain injury and trauma suffered during his birth. The complaint alleged that Brauweiler improperly used a vacuum extraction device during the delivery and exercised poor judgment that endangered the health of the child. According to reports in the DeKalb (IL) Daily Chronicle and USLaw.com, Brauweiler made 18 failed attempts to deliver the baby via vacuum extraction over the course of one hour — even though the mother was experiencing labor complications, and fetal monitoring indicated dangerously slowed fetal heart rate. The child was eventually delivered via an emergency C-Section. Lawyers for the mother argued that, by continuing to use the vacuum extractor instead of performing a C-Section immediately, the doctor repeatedly ignored evidence of serious fetal distress, which has the potential to cause permanent damage. They also argued that the hospital had not properly investigated Brauweiler's competence with the vacuum extraction method, despite the hospital’s insistence that the doctor was privileged and credentialed to do the procedure. The $15.35 million settlement will be used for the boy’s lifelong care and treatment for cerebral palsy. It also includes damages for emotional pain and suffering. (Sources: DeKalb [IL] Daily Chronicle and USLaw.com) |
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