The Sherman Hospital in Elgin, along with a doctor, and a nurse midwife's employer, will pay a $9.5 million settlement to end a lawsuit linked to the 1996 birth of a boy who developed cerebral palsy, the Chicago Tribune reported. The settlement reportedly was reached through the alternative dispute resolution format known as mediation.
Retired Cook County Judge and mediator Daniel Localla told reporters he agreed to the settlement on April 15:
"I thought it was a good settlement for both sides. There was a lot of money at stake but at the same time, the jury could have found the hospital not guilty."
Illinois injury attorneys representing the parents of Patrick O'Came alleged that negligence by the nurse midwife and obstetrician present at his birth resulted in the child's cerebral palsy. They have dismissed the medical malpractice suit as a result of the settlement offer. The Elgin Courier-News reported that the hospital agreed to pay $7.5 million, while Dr. Jae Eun Han, and the employer of nurse midwife Mary Traub each will pay $1 million.
While the article does not specifically say, such settlements typically are paid from the malpractice insurance policies held by medical professionals.
According to the original (and now-dismissed) complaint, nurse midwife Mary Traub was allowed to deliver babies without the presence of an obstetrician; a violation of hospital guidelines. Dr. Jae Eun Han allegedly was visiting family in Korea during the birth of Patrick O'Came but had arranged for a backup:
"Traub failed to call the backup physician when Patrick showed signs of distress and instead used a procedure that compromised his health and well-being."
A lack of oxygen from a compressed umbilical cord during the final 15 minutes of labor resulted in the boy's cerebral palsy, plaintiff's attorneys alleged in the complaint.
Related Resources:
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Birth Injury - FAQ (FindLaw)
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New Treatment For Cerebral Palsy (FindLaw's KnowledgeBase)
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Browse Chicago Injury Lawyers (FindLaw)
