Chicago Court Refuses to Set Aside $50 Million Verdict Awarded To Brain Damaged Baby

On February 7, 2019, a Chicago Circuit Court Judge denied the motion of a hospital and obstetrician to set aside a jury verdict of $50.3 million awarded by a jury on October 9, 2018 to a baby born with profoundly disabling brain injuries. The 43 year old mother came to the hospital when she was five days past her due date to deliver. Initially, the baby appeared to be well but after three hours of labor the baby's heart rate dropped three times and recovered. After a few more hours the mother was given pitocin to stimulate contractions. When the baby's heart rate dropped again in response to the pitocin, the delivery was still treated as routine.

The attorney's for the baby successfully argued that in response to a fourth drop in the baby's heart rate after administration of pitocin, an emergency c-section should have been performed. This delay in recognizing the emergency and in performing a stat c-section resulted in a prolonged deprivation of oxygen. The jury agreed that a failure to diagnose and treat a decreased blood flow during labor caused the infant's hypoxic ischemic encephalopathy. As a result, the baby suffers from cerebral palsy, cognitive deficits, hearing loss and difficulty walking. It was reported by local newspapers that the hospital made a pre-suit settlement offer of $10 million before the lawsuit was filed which was rejected by the family. Florez v NorthShore Evanston Hospital, Cook County Circuit Court

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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