When many parents head to the hospital for the birth of a child, they do so with the expectation that they will be leaving with a happy, healthy, bouncing baby. The last thing on their minds is that the hospital staff will make a life changing mistake. This was the unfortunate reality for one Sauk Village family. Fortunately, a settlement has finally been reached between the family of Nyelle Brown and Franciscan St. James Health in Chicago Heights. The case settled for $15 million and was the result of a medical malpractice lawsuit filed against the health center back in 2013 in response to the severe brain damage Nyelle suffered during her birth in January 2011.
When many parents head to the hospital for the birth of a child, they do so with the expectation that they will be leaving with a happy, healthy, bouncing baby. The last thing on their minds is that the hospital staff will make a life changing mistake. This was the unfortunate reality for one Sauk Village family. Fortunately, a settlement has finally been reached between the family of Nyelle Brown and Franciscan Health in Chicago Heights. The case settled for $15 million and was the result of a medical malpractice lawsuit filed against the health center back in 2013 in response to the severe brain damage Nyelle suffered during her birth in January 2011.
So what happened that resulted in such a tragic case of brain damage? Well, according to the family, “the hospital failed to act quickly enough, including not delivering Nyelle earlier, when she showed signs of distress.” Additionally, the lawsuit also accused the hospital of “overdosing Nyelle’s mother with Pitocin during labor.” Because of this, “there were too many contractions that were too strong and that occurred too closely together,” Nyelle’s attorney, Matthew Patterson explained. He added, “the excessive contractions stopped oxygen delivery and blood flow to Nyelle’s brain.” The contractions also caused Nyelle distress in the womb, but despite warnings, the hospital staff failed to perform a C-section and continued administering pitocin.
As a result of the hospital’s actions, Nyelle now lives with cerebral palsy and severe brain damage that could have been prevented. Today, the child is incapable of walking, talking, or caring for herself and “will require extensive future medical care and therapies.”
The settlement itself was approved by Cook County Circuit Judge Kathy Flanagan earlier this month after the hospital agreed to pay the settlement. However, Franciscan Health did so without admitting any liability in the matter.
So how much does Nyelle’s family stand to receive in the settlement? For starters, of the $15 million, her lawyers will “receive about $5 million in fees,” and “more than $9.5 million” will go towards her estate. Her family hopes the funds will be able to help offset some of the medical bills that are sure to accumulate throughout her life, given her disabilities.
When asked to comment on the recent settlement announcement, “Franciscan Health had no immediate comment.”
It’s always tragic when a preventable injury is allowed to happen. Hopefully, this settlement will help Nyelle and her family move in from this terrible ordeal.
Sources:
Sauk Village family reaches $15M settlement over alleged brain damage during delivery
Beam & Raymond Win $15M Settlement for Brain Damage Birth Injury Case
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