Jury awards $50 million to birth injury child

October 12, 2018

A jury awarded $50 million this week to a child who suffered a permanent brain injury due to a delay in the treatment of oxygen deficiency (hypoxia) prior to his birth. 35 year old Aimee Florez arrived at NorthShore University HealthSystem in Evanston, Illinois on March 22, 2009. After several hours of labor, she gave birth to a boy. However, when he was born, had a low heart rate, was blue, and was unable to breathe without assistance. The medical staff began performing chest compression on him in an effort to get oxygen to his brain and organs for the next hour. However, due to the lack of oxygen to his vital organs, the baby suffered a permanent brain injury known as hypoxic ischemic encephalopathy (HIE). As a result, he also developed cerebral palsy. The child is 9 years old today and struggles to perform basic tasks due to his injury. His vocabulary is limited to about 30 words, and communicates mostly through gestures, He also is stricken with decreased motor skills, some hearing loss and difficulty walking.


In 2014, the family filed a lawsuit in Cook County court, claiming the doctors and nurses did not recognize signs of fetal distress shown on a fetal monitor. They also claimed matters were worsened by the prescribing of Pitocin, a medication used to strengthen and speed up contractions, placing additional stress on the baby in the womb. Finally, the medical staff waited too long to order a C-section, causing the baby to remain in an unsafe situation for hours and thus causing his brain injury. 


 Read more about the lawsuit and jury decision here.


At the law offices of T. Verner Smith, we represent clients who have suffered personal injury due to the negligence of another. These types of lawsuits not only provide necessary compensation for those who were wrongfully hurt in an accident, but also creates an environment of caution leading to higher safety standards for all. Contact us for a free consultation at (731) 423-1888, (901) 730-4567, or (615) 371-6136.



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