Mother Files Lawsuit In Illinois Due To Child’s Multiple Birth Injuries

Perry Larkin | April 19th, 2013

Courthose  attorneyA lawsuit alleging birth injuries was filed on the 22nd of October, 2012, in the Circuit Court of Cook County, Illinois. The case names as defendants Near North Health Service Corporation and other medical entities and was filed by a mother on behalf of her child.

The attorneys representing the defendants filed for a change of venue on April 1, 2013, to have the trial moved to the U.S. District Court for the Northern District of Illinois from state court.

The attorneys for the defendants also made a motion for naming the United States of America as one of the defendants instead of the other medical entities. They requested a removal due to the health center being a private entity that got grant money from the Public Health Service.

Mother’s pregnancy showed signs of being high risk

This case was brought by the attorneys for a woman whose child sustained substantial and long-lasting injuries at birth allegedly because of medical malpractice. The mother was being cared for by medical professionals between the 26th of June, 2009 to the 11th of December, 2009 where she received prenatal care.

While she was being examined on the 19th of October, 2009, she had her levels of blood glucose checked. It was found that her levels were high enough for there to be a judgment of the pregnancy being high risk. If a pregnancy is viewed in this way, the woman will be closely monitored and will receive necessary treatment to make certain she and her unborn child are healthy.

The lawsuit states that the medical staff did not label her as a high risk patient and she didn’t have her levels of blood glucose monitored until the December visit. On December 11, 2009, a diagnosis of gestational diabetes was made and a referral was made to a facility to deal with high risk pregnancy.

The ADA (American Diabetes Association) states that a woman suffering from gestational diabetes must be treated as soon as possible. This may include testing the blood glucose on a daily basis, providing injections of insulin, providing meal plans to maintain health of her and her baby, and plans for exercise.

Multiple mistakes alleged at child’s birth

The woman’s attorney states that due to the delay in treating her gestational diabetes, she had an extended and hard labor. The child suffered from excessive growth in the womb and big baby syndrome, also known as macrosomia. This issue raised the danger of the child suffering from birth injuries and problems with health following birth.

Another issue the baby suffered from was shoulder dystocia and HIE (hypoxic ischemic encephalopathy). Shoulder dystocia occurs if the nerves in the baby’s shoulder are damaged at birth and HIE is a reduction in levels of oxygen. The child also has Erb’s palsy. This is what happens when the shoulder nerves are damaged and the functionality of the arm is compromised. Medical mistakes can also cause Erb’s palsy.

Plaintiff seeks $50,000 in lawsuit

The lawsuit states that medical malpractice was committed when the woman was not diagnosed and treated for her gestational diabetes in a timely fashion and when the decision was made to refer her to a center for high risk pregnancies. Another medical center that the mother was referred to is also named and accused of having failed to repeat an ultrasound when she was admitted on the 3rd of February, 2010.

Another allegation in the filing is due to the medical negligence stemming from the decision not to deliver the child via Cesarean section and inducing her labor as the fetus was indicating an intolerance to it. Following the birth on the 4th of February, 2010, the child was determined to require constant care for the rest of his life.

The plaintiff is asking for $50,000, plus related expenses.

Contact a birth injury attorney to discuss your case

Has your child suffered from birth injuries due to suspected medical malpractice? If so, you may be eligible to file a lawsuit and receive compensation for the child’s care, pain and suffering, medical costs, and other damages. The attorneys at Balkin & Eisbrouch have decades of experience in cases involving medical negligence and birth injuries. Call today for a case evaluation.