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Illinois appeals court upholds $29 million birth injury lawsuit verdict

Posted on Monday, September 12th, 2011 at 9:41 pm    

Earlier this month, a federal appeals court in the North District of Illinois upheld a $29 million verdict awarded to the family of an 8-year old boy from Gurnee, Illinois.

The original birth injury lawsuit was filed against the United States because the boy’s injuries were alleged to have been the result of government-employed doctors.  According to the lawsuit, the boy, who was born at Chicago’s Northwest Memorial Hospital in 2003, suffered a birth infection which led to brain damage and cerebral palsy.

The doctors were accused of not taking precautionary measures to prevent birth infection before his birth and staff at the hospital were accused of not noticing signs of infection in a timely manner.  A judge agreed with the allegations and the family was awarded $29 million.

The U.S. government appealed the decision arguing that the family did not meet the statue of limitations by filing suit more than 2 years after the boy’s discharge from the hospital after his birth.  However,  a judge disagreed and ruled that the lawsuit was filed in time because the family had originally been aware that the boy’s injuries were caused by doctor and government negligence.

If your child developed medical complications after experiencing a birth infection, contact the Philadelphia birth infection attorneys of Lowenthal & Abrams, P.C. at 215-238-1130 to learn more about how we can help you.