Patrick A. Salvi II · Matthew L. Williams · Kurt Zaner
Housen v. The University of Chicago, Hospitals, et al
May 1, 2024 5:30 PM||
In February 2018, a 37-year-old woman arrived at the University of Chicago Hospital to give birth to twins. Prior to her arrival, all ultrasound testing, pre-natal testing, office visits, and assessments of both twins indicated each were healthy with no signs of any fetal distress. At 5:35 p.m. on February 13, the woman gave birth to a baby boy, without any issues or complications. After he was born, the second baby was still doing fine, with her head face down and floating, meaning her head had not yet engaged in the pelvis. The physicians handling the delivery, including a fourth-year resident and her attending physician, Dr. Perpetua Goodall, decided to try and turn the baby from head down to breech, or feet first. While the resident was attempting to turn the baby, medical records suggested the mom was in “significant pain and screaming” despite the administration of pain medication. Several minutes into the process, it became evident that the resident had difficulty delivering the baby, and the attending physician took over the delivery. When she did a cervical exam, she realized the resident was not pulling on a foot, but rather applying force to the baby's hand. The attending physician then attempted to complete the delivery but caused a fracture to the baby's arm bone in the process. The baby was eventually born 13 minutes after her brother.
When the baby was born, she was blue and in shock, had poor perfusion, and could not breathe on her own. She required extensive resuscitation, including intubation, to help her breathe. The baby was eventually transferred to the newborn intensive care unit with hypoxia. Around 11 p.m., a CT scan was done that showed extensive bleeding in her brain. She underwent emergency surgery the next day to remove part of her brain when another scan revealed the bleeds were getting worse and changing her neurological status. A subsequent CT scan showed one of her bleeds were again worsening, and she underwent another surgery, all within the first 24 hours of her life.
The baby spent just over two months in the hospital. During that time, she was also diagnosed with severe injuries to her brachial plexus nerves at C5 and C6 level and C8 and T1 level, shoulder fractures, and permanent brain injuries as a result of the trauma and hypoxia she endured at birth. Today, her left arm is effectively non-functioning, she needs braces to walk, and her academic and cognitive skills fall well below average.
Plaintiffs alleged that the obstetricians negligently sought to turn the baby when there was no indication to do so, that the resident was not properly supervised, and that excessive force was applied.
During a trial that began In February 2024, before the Honorable Brendan A. O’Brien, defendants disputed the timing, series of events that led to the baby's injuries, and the extent of her injuries. On February 26, a Cook County jury awarded the girl $75,859,000 for her past and future pain and suffering, past and future loss of a normal life, past and future medical bills, past and future emotional distress, disfigurement, and future loss of earnings.
