Trial begins in birth injury lawsuit


The trial has begun in a birth injury lawsuit accusing an obstetrician of medical malpractice. The parents of a seven-year-old boy allege that medical negligence during labor and delivery caused the boy to suffer oxygen deprivation and, consequently, cerebral palsy.

Allegedly, during labor, the mother was told to start pushing when the baby’s head was not positioned at the cervix, causing distress. According to the lawsuit, after the baby’s heart rate dropped, the doctor performed an emergency cesarean section. The lawsuit further states that the baby was born having inhaled meconium and unable to breathe, and that the doctor and nursing staff failed to clear his airway before attempting to use an oxygen mask to resuscitate the child. A doctor also removed the baby’s edotrachial tube for 45 minutes, according to the argument. 

The baby was stabilized and transported to a neonatal intensive care unit at another hospital.

According to the lawsuit, the oxygen deprivation caused the child to suffer from cerebral palsy, a neurological disorder that hinders coordination and body movement.

The parents are seeking $40 million in economic and noneconomic damages through the lawsuit. The defendants have denied wrongdoing. The trial is expected to last 14 days.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit

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