Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Medical Malpractice

Plaintiff vs. Defendant Hospital

12/28/2021
Client:

Chicago area hospital

Outcome:

Verdict for Defense

Synopsis:

Sherri M. Arrigo and Timothy L. Hogan successfully defended a Chicago area hospital and nurse at trial against allegations of negligence during the labor and delivery of the minor plaintiff in December 2015.  Plaintiff alleged that the hospital defendants failed to properly interpret fetal heart tracings, failed to recognize signs of fetal distress, failed to keep the co-defendant obstetrician informed, and failed to advocate for an earlier caesarean section, causing the minor plaintiff to suffer severe brain damage in the hours before birth.  The defendants contended that they complied with the standard of care, that their conduct did not cause any injury to the child, and that the sole proximate cause of the minor plaintiff’s brain damage was perinatal arterial ischemic stroke – an unpredictable, unpreventable event that occurred before the child’s mother presented to the hospital in labor.  The defendants further argued that the child has autism spectrum disorder, which contributes to his current disabilities.  In closing arguments, the plaintiff asked the jury to award approximately $54 million in damages.  After less than two hours of deliberation, inclusive of lunch, the jury found for the defense.