Administration of Cervidil – Jury Awards 19 Million

Birth Injury – a jury in Cook County, Illinois awarded $19 million dollars to the parents of an infant relating to the administration of Cervidil, which ultimately caused the baby’s death at the age of 10 months.

Cervidil is a medication designed to promote “cervical ripening,” which softens the cervix to help with labor and delivery.  While Cervidil is fine for some patients, it is “contraindicated” or inappropriate for mothers undergoing a vagina birth after cesarean, (a “VBAC”).

The infant’s mother in this case was a VBAC patient.  After a difficult labor, the infant was born via cesarean section.  The newborn suffered acute brain damage and his mother required intensive care for severe blood loss after birth.  Ten months after his birth, the baby’s brain damage proved fatal.

In this case, the obstetrician ordered Cervidil without considering the patient’s VBAC history.  The nurses who administered the Cervidil also failed to considere the patient’s VBAC history.  In addition, no one checked on the mother despite the fact that she pressed the call button multiple times due to extreme pain.

The Hospital in this case attempted to defend itself by claiming to be a small, poor hospital with limited resources compared to bigger facilities, and therefore, they should not be held to the same standard of care.  The jury rejected this argument and agreed with the Plaintiff, who essentially said, “no, regardless of what size hospital you are, every patient deserves the same appropriate, quality care.”

If you or a loved one have suffered the heartbreak and grief that accompanies the injury or death of an infant, particularly in the setting of labor and delivery, call the birth injury and medical malpractice lawyers at Scanlon & Wojton today.  You have two years from the date of the incident to bring a claim, so don’t delay.  We treat our clients like family.  To us, you’re more than just a number or another easy settlement.  To us, it’s personal.

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