22 Million in Birth Malpractice

Heather Grow's daughter, Cassie, was delivered by caesarian section but only after she had been stuck in the birth canal for over thirteen hours.  In 1997 Heather was told that she had a narrow pelvic arch and that became an issue about two weeks before delivery when her doctors realized that the baby was about nine pounds.

Cassie got stuck in the birth canal clearly being pushed through an opening where she couldn't fit.  Attorney Patrick P.J. Beirne described it as like trying to push a watermelon through an opening the size of an apple.   Not only was Cassie too big for the birth canal but medical workers continued to give Heather drugs to make the uterus contract.  She continued having contractions every couple minutes.  This continued for hours all the while squeezing the baby's head causing brain damage.

Attorney Mark Mueller said that the doctor had a responsibility to ensure that Heather had a safe delivery.

Cassie, now 11, is a spastic quadriplegic. That means she has limited use of her limbs.

She can walk short distances but needs a walker. She can see but because the part of her brain that processes vision was damaged, her brain can't properly interpret what her eyes see. She has problems using her hands, and she is mildly retarded, Mueller said.

"These are permanent injuries," Mueller said.

The vast majority of the settlement is for Cassie's future medical needs  and future loss of ability to perform ordinary activities.

$2.5 Million Illinois Erb's Palsy Verdict

In Illinois a two million plus dollar award was given to a four year old by a Lake County jury.   His permanent disability was caused when the doctor pulled too hard on the baby's neck during delivery.  As a result the boy suffered severe nerve damage.    He has had two surgeries so far and several physical therapy sessions.   His mother says he may need yet another surgery later this year.

In addition to Dr. Thakar, the lawsuit also named Dr. Thakar's employer, Greenleaf Obstetrics and Gynecology Associates in Gurnee.

"The award will provide for the physical and occupational therapy the child needs for the remainder of his life," Attorney Joe Kolar said. "The jury verdict will help pay for any future surgeries he may need and compensate him for the pain and suffering he will experience for the rest of his life."