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12.5 Million Dollar Settlement for Birth Injury
October 9, 2008

 

Re: Lourdes Perez/Jennifer Ramirez v. St. Francis Hospital of Evanston, et al.

Cook County Circuit Court No. 2004 L 004942

 

On September 15, 2008, the Honorable Judge Lynn M. Egan approved the settlement of a medical malpractice action brought on behalf of Jennifer Ramirez, a minor, for birth injuries against St. Francis Hospital of Evanston. The present cash value of the settlement is $12.5 Million. The plaintiff was represented by Todd A. Smith and Joseph W. Balesteri of Power Rogers & Smith, P.C. St. Francis Hospital of Evanston was represented by Kevin T. Martin and Aiju C. Thevatheril of Swanson, Martin & Bell.

On February 15, 2003, Jennifer's mom had her bag of waters rupture around noon. Within an hour of bag of water ruptures, there were variable decelerations which should have caused the nurses to more closely monitor Jennifer. Instead, at 1:08 PM, a nurse left the bedside to get pain medications for Jennifer's mom. Upon her return to bedside at 1:20 PM, Jennifer's heart rate dropped to the 50's and 60's. This was not known to the nurse, as she was out of the room, nor was it known to other nurses on the floor, as the hospital did not have centralized monitoring. The nursing interventions were delayed and the baby was not resuscitated appropriately in utero. Additionally, the doctors did not respond to the bedside because no one knew to call them until around 1:30 PM. Delivery occurred by Cesarean section at 1:51 PM.

Jennifer is brain damaged and suffers from cerebral palsy.

For further information, please contact Todd A. Smith, Joseph W. Balesteri or Kathy Beardsley at 312/236-9381.




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