Corboy & Demetrio Secures $9.5 Million Birth Injury Medical Malpractice Settlement

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A hospital, nurse midwife and obstetrician agreed to pay $9.5 million to settle a birth injury medical malpractice lawsuit filed on behalf of a boy born with cerebral palsy. The Chicago law firm of Corboy & Demetrio, represented the boy and his family.

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Had Mrs. O’Came received the proper treatment and supervision by the nurse midwife and sponsoring physician at Sherman hospital, her son, Patrick, would have been born a healthy and vibrant baby. This settlement will allow Patrick to receive the proper and necessary care he will need for the rest of his life.

Sherman Hospital, a nurse midwife and her sponsoring obstetrician have agreed to pay $9.5 million to settle a lawsuit filed on behalf of a boy born with cerebral palsy. As a result of the agreement, the lawsuit was dismissed on April 15, 2010. The boy and his family was represented by Corboy & Demetrio attorneys Barry Chafetz, Margaret Power and Shawn Kasserman.

“Patrick O’Came was delivered at Sherman Hospital by Mary Traub, a nurse midwife, who was allowed by hospital regulations to deliver babies without an obstetrician present,” said attorney Chafetz. “Under the hospital guidelines, a midwife was required to have a sponsoring physician readily available who was fully responsible for all of the actions taken by her. On the day of Patrick’s birth, Traub’s sponsoring physician, Dr. Jae Eun Han, was in Korea visiting family and had arranged for a physician to ‘back him up.’ Traub failed to call the backup physician when Patrick showed signs of distress and instead used a procedure that compromised his health and well-being.”

Attorney Kasserman added, “Had Mrs. O’Came received the proper treatment and supervision by the nurse midwife and sponsoring physician at Sherman hospital, her son, Patrick, would have been born a healthy and vibrant baby. This settlement will allow Patrick to receive the proper and necessary care he will need for the rest of his life.”

On October 28, 1996, Helen O’Came, 9 months pregnant, was admitted in labor to Sherman Hospital in Elgin, Illinois. Mary Traub, a nurse midwife, was notified of Mrs. O’Came’s arrival and her physical condition and eventually examined her. As labor progressed, there was a drop in the fetal heart rate. Traub decided to apply fundal pressure, a risky procedure, to Mrs. O’Came’s abdomen rather than discontinuing her pushing and applying intrauterine resuscitation.

Patrick O’Came was born and as a result of compression of the cord he suffered a lack of oxygen during the final 15 minutes of labor resulting in cerebral palsy.

The lawsuit, The Private Bank, as Guardian of the Estate of Patrick Ryan O’Came, a minor, v. Sherman Health Systems d/b/a Sherman Hospital, a corporation, et al, was filed in the Circuit Court of Cook County, Illinois, case number 04 L 5058.

To learn more about the circumstances of Patrick O’Came’s birth and the plaintiff's allegations of medical malpractice, visit Corboy & Demetrio’s News Section.

About Corboy & Demetrio
The Chicago personal injury law firm of Corboy & Demetrio is one of the nation’s premier law firms. It represents individuals and their families in serious personal injury and wrongful death cases arising out of airplane and railroad disasters, failed products, medical malpractice and a host of other catastrophic events. On behalf of its clients, it has acquired more than $3 billion in settlements and verdicts, of which almost 600 were in excess of $1 million.

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Mary Neville
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