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$6.5 Million Settlement for Brain Injured Boy

January 13, 2009  ·  By HM&M



The estate of a 7-year old boy who suffered a brain injury at birth has settled a lawsuit against the hospital, the doctor and his clinic for $6.5 million, the plaintiff’s attorney said.

Robert Morales Jr. was born in April 2001 with severe brain damage due to a lack of oxygen. He was diagnosed with cerebral palsy and has limited mobility.

The lawsuit alleged that during the birth at Provena Mercy Medical Center in Aurora, the attending obstetrician and the hospital’s labor and delivery nurse failed to respond to uterine hyperstimulation from Pitocin.

The suit alleged that hospital staff also didn’t recognize that the fetal heart monitor was detecting the mother’s heart rate for the entire second stage of labor.

An emergency Caesarean section was performed.

The estate was represented by Christopher T. Hurley and Mark R. McKenna of Hurley McKenna & Mertz, P.C. Geneva attorney George P. Lindner was co-counsel for the plaintiffs.

William F. Cunningham and Spyridon J. Demakis of Cunningham, Meyer & Vedrine P.C. represented the doctor, the doctor’s medical clinic and the owner of the clinic.

David C. Hall and Jennifer Ries-Buntain of Hall, Prangle and Schoonveld LLC represented Provena Mercy Medical Center.

Cook County Circuit Judge Lynn M. Egan approved the settlement on Friday. The doctor’s medical clinic paid $4.25 million, and the hospital paid $2.25 million.

Park National Bank and Joann Williams, etc. v. Provena Mercy Medical Center, et al., No. 03 L 4059.

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