Family Receives $12 Million in Birth Injury Case

By Robert Carrier

Published on October 05, 2007

Aaron and Michelle Hayes filed a medical malpractice suit against the Central DuPage hospital, and their obstetrician Dr. Steven Ambrust in 2001 alleging that Dr. Ambrust was responsible for a 45-minute delay in the cesarean birth of their son Benjamin. As a result of that delay, Benjamin suffered permanent disabilities because of oxygen starvation. Aaron and Michelle's son has normal intelligence, but lacks the ability to control his limbs and to speak.

The DuPage County jury awarded the couple $12 million dollars in compensation, the highest ever awarded for a medical malpractice claim in the county. Last year, the hospital and obstetrician settled with the Hayes, but the general practitioner's insurer chose to go to trial. The case was tried before Circuit Judge Hollis Webster, and lasted seven days.

The Hayes will have to continue to fight in court though to receive the damages awarded to them by the jury, as the insurer has a $1 million dollar cap on its policy.

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