#United States #Chicago #Nolan Law Group #Birth Injury #Chicago Hospital

Major Settlement Reached for Minor

On October 7, 2025, Cook County Law Division Judge Preston Jones, Jr. approved a staggering settlement of $8.6 million for a nine-year-old boy who suffered severe brain damage due to complications during his birth. The case, represented by the Nolan Law Group, centered on claims against an undisclosed hospital in the Chicago area. The plaintiffs alleged that inadequate medical attention during labor led to the boy's brain injury caused by hypoxic ischemic encephalopathy (HIE).

Details of the incident date back to April 4, 2016, when the boy's mother arrived at the hospital, complaining of severe back pain. Initially scheduled for induction later that day, her labor progressed without any complications for around 13 hours. However, as she began to push, fetal heart tracings began to deteriorate over the following 2.5 hours. According to court documents, the medical team discussed the need for urgent forceps delivery due to the lack of fetal descent but failed to act in a timely manner.

Despite indicating that an emergency C-section would be performed within 20 minutes should the situation not improve, the medical team did not proceed with the C-section for an additional 90 minutes, allegedly due to a shortage of clean operating rooms and staff. This delay was critical, as by the time the child was born, the umbilical cord was wrapped around his neck three times. He was born limp, not breathing, and displayed alarmingly low Apgar scores alongside severe metabolic acidosis indicated by cord blood gases.

The diagnosis confirmed was HIE, and as the child reached the age of two, significant neurodevelopmental delays became apparent, prompting legal action from his family. In response, the lawyers for the undisclosed hospital argued that the child’s condition was not a result of the medical team's actions but rather due to the nuchal cord, asserting that an emergency cesarean section was unnecessary. They contested that the alleged delays in the delivery were not due to having an insufficient number of operating rooms or understaffing.

However, the plaintiffs' attorneys—Donald J. Nolan, Timothy I McArdle, and Thomas P. Routh of the Nolan Law Group—maintained that the negligence of the OB/GYN and nursing staff, as well as the hospital's inability to provide an operating room, directly led to the brain injury sustained by the newborn. This claim was ultimately supported by a prior summary judgment, establishing the obstetrician as an agent of the hospital, thereby holding it responsible for the actions taken or, rather, not taken in this case.

The settlement, reached after a week of pre-trial motions, highlights the continuing issues surrounding medical malpractice in childbirth and the necessary safeguards that should be enforced to prevent such incidents. The Nolan Law Group, known for concentrating on personal injury cases, including aviation accidents, medical malpractice, and product liability, is now advocating for increased awareness and improved regulations in hospital care.

As discussions about the standards of medical care continue to unfold, this case serves as a stark reminder of the profound impacts medical negligence can have on vulnerable patients, particularly in high-stakes situations like childbirth. Families seeking justice for similar reasons can look to the outcome of this case as both a beacon of hope and a call to action for systemic improvement in the healthcare sector.