Erb’s Palsy Lawsuit Transferred to Illinois District Court

An Erb’s palsy lawsuit filed by an Illinois woman alleges that her son sustained permanent injuries during childbirth due to the negligent conduct of the medical staff at Komed Holman Health Center and Northwestern Memorial Hospital. The plaintiff mother is seeking financial compensation on behalf of her son for the injuries and losses he has incurred. The legal complaint was originally filed in the Circuit Court of Cook County, Illinois on October 22, 2012.

When the U.S. Attorney General verified that Komed Holman Health Center receives funding from the federal government, the medical facility was removed as a party in the lawsuit and replaced by the United States. The case was subsequently transferred to the U.S. District Court for the Northern District of Illinois on April 1, 2013 since the federal court has proper jurisdiction in a lawsuit involving the government.

Failure to properly treat high risk pregnancy led to birth injuries

According to the lawsuit, the plaintiff mother received obstetrical care at Komed Holman Health Center during her pregnancy from June 2009 through December 2009. On October 19, 2009, the health care facility administered a test that revealed the plaintiff mother didn’t have a sufficient amount of insulin in her body and had a high risk of being diabetic. The medical staff didn’t proceed to monitor the plaintiff mother’s blood glucose levels or confirm the diabetes diagnosis until December 11, 2009, at which point she was referred to receive treatment at a high risk pregnancy facility. The medical staff’s delay in providing appropriate treatment for the plaintiff mother’s gestational diabetes condition led to excessive fetal growth.

On February 3, 2010, the plaintiff mother was admitted into Northwestern Memorial Hospital to deliver her child. Labor was induced after a physical examination showed that plaintiff mother had gestational diabetes, high blood pressure, and signs of kidney failure. The baby’s high birth weight made the delivery difficult and increased the risk of a serious injury occurring. After the child was born on February 4, 2010, he was diagnosed with Erb’s palsy, shoulder dystocia, and hypoxic encephalopathy (HIE) – a medical condition in which a lack of oxygen and blood flow causes severe brain damage.

Due to the nature of the child’s birth injuries, he will need extensive medical treatment and healthcare for the rest of his life.

Medical negligence allegedly caused Erb’s palsy and HIE birth injury

The lawsuit alleges that Komed Holman Health Center and Northwestern Memorial Hospital engaged in medical malpractice by failing to administer healthcare services in accordance with the law and standards of the medical profession utilized by a qualified physician under similar circumstances. The plaintiff mother claims the staff at Komed Holman Health Center didn’t diagnose the gestational diabetes in a timely manner; failed to provide proper treatment for gestational diabetes; and delayed in transferring her to a high risk pregnancy facility.

Northwestern Memorial Hospital allegedly deviated from acceptable standards of care by failing to perform an ultrasound when the plaintiff mother was admitted into the facility. The medical staff also attempted vaginal delivery rather than a cesarean section for a prolonged period of time even though test results indicated high risk factors for birth injury. The legal complaint states that the actions of the medical staff at both healthcare facilities were the proximate causes of the child’s HIE birth injury, and other major health problems.

The plaintiff mother asserts that the child’s injuries could have been avoided if the medical staff didn’t engage in negligent conduct.

File an Erb’s palsy lawsuit

When a child suffers from permanent birth injuries, it is extremely difficult for most families to cover all of the medical costs for the around-the-clock care the child needs. By filing an Erb’s palsy lawsuit, it is possible to hold the negligent parties accountable for their actions so that your family can get the financial compensation it is entitled to receive.

The attorneys at Balkin & Eisbrouch possess the legal expertise and resources needed to defend your rights and reach a successful resolution in a medical malpractice case. Call today to schedule a free consultation so that you can find out about your legal options.

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