Gavel and scale

Hospital, Doctor, Nurse to Pay $9.5 Million to Settle Cerebral Palsy Suit

By Jim Greene

Published on May 04, 2010

An Illinois woman will receive $9.5 million to settle a lawsuit blaming a hospital, a doctor, and a nurse midwife for causing cerebral palsy in her son, born at the hospital in 1996. The suit claims negligence by the defendants caused her son to be deprived of oxygen for 15 minutes during his delivery, leading to permanent brain damage.

The suit was filed by Helen O'Carne, of Algonquin, Ill., against Sherman Health, operators of Sherman Hospital in Elgin, Ill., and against Dr. Jae Eun Han and Mary Traub. The hospital will pay $7.5 million; the doctor and the nurse, each $1 million. O'Carne's suit said the money is needed to provide lifetime care for her permanently disabled son Patrick.

Nurse Delivered Baby without Help of Sponsoring Doctor

According to the birth injury lawsuit, Traub was allowed to deliver Patrick alone while Dr. Han, her sponsoring physician, was visiting relatives in Korea. When complications developed during the delivery and the baby's heart rate dropped, according to the suit, O'Carne asked Traub to contact an assigned alternate sponsoring physician.

O'Carne claims that, instead of calling for help, Traub attempted a procedure known as fundal pressure, applying pressure to O'Carne's abdomen in an attempt to push the baby from the uterus into the birth canal. This compressed the umbilical cord and deprived the baby of oxygenated blood long enough to result in cerebral palsy, according to the lawsuit.

Cerebral Palsy Commonly Caused by Birth Injury

Oxygen deprivation and head injuries during delivery are common causes of cerebral palsy, which is irreversible. It may also be caused by head injuries during infancy or early childhood. Depending on severity, victims may suffer from a wide range of issues, including developmental problems, learning disabilities, loss of motor functions, sensory impairments, and seizures.

If your child or the child of someone you know is the victim of cerebral palsy caused by negligence in the delivery process, contact an experienced personal injury attorney. You may be eligible for financial compensation to pay for the lifetime of expensive care required for the victims of this tragic condition.

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Keyword Tags: cerebral palsy, birth injury

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