Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 10, 2020

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The parents of an Illinois child born with severe brain damage after medical staff at a medical center failed to respond to a lack of oxygen to the child’s brain settled their birth injury lawsuit with the center and others for $6.5 million.

Illinois medical malpractice

This medical malpractice case involves Roberto Morales, Jr. who is now eight years old. According to news reports, in 2001, medical staff at the Provena Mercy Medical Center in Aurora, Illinois failed to respond to Roberto’s low heart rate and reduced oxygen flow during his delivery. He was born with metabolic acidosis (a clinical disturbance characterized by an increase in plasma acidity), hypoxic ischemic encephalopathy (a lack of oxygen to the brain which causes brain damage, cerebral palsy in Roberto’s case) and now has limited mobility.

The family brought a medical malpractice lawsuit against several defendants including the medical center, the obstetrician and others. The parties settled the case for $6.5 million which will be used to pay for Roberto’s health care for the rest of his life.

Birth injury lawsuits

Birth injury lawsuits are thought to be the most complex negligence cases around. There are generally two types of birth injury cases. The first type of case results in hypoxic-ischemic encephalopathy, a medical term which describes brain injury. These types of cases, such as Roberto’s, generally allege that medical staff and/or doctors failed to monitor the birth process by way of the fetal monitoring strips and order a caesarean section quickly enough to avert brain damage. The second type of case generally alleges that medical staff and/or doctors failed to help the child safely through the birth canal. Many of these types of cases result in palsy and other medical issues.

Regardless of the situation, it’s clear that the emotional aspects of a child dying at birth or being born with a profound injury due to medical negligence are overwhelming. If your family has experienced medical negligence, contact an experienced Illinois medical malpractice attorney to discuss your situation and evaluate your options. Consultations with a lawyer are free, without obligation and are strictly confidential.