Corboy & Demetrio Obtains $3.75 Million Settlement in Botched C-Section Medical Malpractice Case

The Chicago law firm of Corboy & Demetrio has obtained a settlement of $3.75 million against a central Illinois hospital in the case of a mother whose C-Section delivery resulted in the birth of her son with cerebral palsy.

Corboy & Demetrio lawyer Kenneth T. Lumb represented the plaintiff and her minor son. The plaintiff was 34 weeks pregnant with her second child. Because her first child had been delivered via c-section, she was at risk for uterine rupture. 

Plaintiff began experiencing abdominal pain while at work, which was 30 minutes from defendant Hospital. She called her doctor’s office and was told to time her contractions and call back in 30 minutes. About 45 minutes later she called again and received a recording with instructions to call the hospital and in the first two phone calls to hospital Labor & Delivery nurses, she was told to drive 30 minutes to the hospital and was not told to go to the nearest emergency room, even though she was exhibiting signs of preterm labor, and in the second call, placental abruption. 

By the time of the third call, she had severe, constant abdominal pain and vaginal bleeding, a sign of placental abruption, but she was almost at the hospital. The nurses did not assemble the c-section team at the time of the third call or take any steps to prepare for a possible crash c-section. After the plaintiff arrived at the hospital, it took 22 minutes to begin the c-section.

The plaintiff’s baby was born with cerebral palsy and near normal intelligence. The settlement came midway through trial in a central Illinois county.

Case info: Midland States Bank, Guardian of the Estate of Jacob Moreno, a minor, and Kimberly Udstuen-Moreno v. Obstetrics & Gynecology, P.C. and an undisclosed Central Illinois Hospital, #08L2.