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An Illinois mother whose son suffered permanent brain damage and disfiguration due to a hospital delivery staff’s negligence received a $15 million settlement from the hospital and her attending doctor and nurse. It is thought to be the largest settlement to date in DeKalb County, Illinois.

The case

According to news sources, Vanessa Jenkins went into labor in October 2001. She was taken to the Valley West Community Hospital in Sandwich, Illinois where her doctor had to use a vacuum extractor device to deliver the baby. However, the doctor used the device incorrectly and the baby was born disfigured, permanently brain damaged and now can never live independently. Jenkins sued the hospital, the doctor’s medical clinic and a medical staffing agency where the attending nurse was employed.

The parties ended up settling for $15.3 million ($12.8 million with the hospital, $2 million with the clinic and $500,000 with the staffing agency). It is thought to be the largest settlement in the history of DeKalb County, Illinois.

Birth injuries are tragic

Anyone whose child has suffered a birth injury or dies at birth due to medical negligence knows that birth injuries are a truly tragic experience. While nothing can ever “fix” the situation, it’s important to understand that victims, including the child and the child’s family, may be entitled to compensation for future medical costs, pain and suffering and more.

Birth injury lawsuits are also the most complex type of medical negligence cases around. Jeff Milman, a California attorney whose practice has focused in this area of the law for over 25 years explained, “Usually it involves a tragedy to a family; especially if the child is born profoundly injured, whether it is brain injury or dystocia (an abnormal birth that can affect the child in many ways), and the child survives. It also affects the parents. It requires multiple experts. It requires a good sum of money to retain experts and prosecute and it requires a very experienced lawyer to handle these types of cases.”

If you’ve been involved in a birth injury, contact an attorney whose practice focuses in this area of the law. Consultations are free of charge, without obligation and strictly confidential. To contact a qualified attorney to discuss your situation, please click here. We may be able to help.