When a Cesarean Section Is Delayed: The $101 Million Verdict

A new mother waiting to give birth is already experiencing a mix of emotions. Most expectant mothers have envisioned what it will be like to hold their child for the first time, bring their child home, and even how they’ll manage sleepless nights with a newborn.

Tequila Snow went to the hospital for help when she was 34 weeks pregnant, telling her nurses “my baby isn’t moving as he normally does. Something isn’t right.” Instead of running any tests, summoning a doctor, or monitoring the baby’s oxygen levels, nurses allowed her unborn baby to go six hours without oxygen while Snow waited at the hospital.

The negligent actions of the hospital staff caused Snow’s baby to be born with brain damage. She underwent a cesarean section, but it was delayed to the point of already causing the irreversible birth injury. Medical malpractice doesn’t just require that a medical professional cause harm by performing medical care incorrectly, but it also applies to situations where treatment should have been provided but wasn’t, resulting in injury.

Because of his medical condition and the accompanying expense for care, Snow’s son, Gerald, was not able to live with his mother at home for the first five years of his life. Instead, he was placed at Misericordia Chicago, a facility equipped to provide full-time care for the developmentally disabled.

All the nurses who failed Gerald are still employed by the hospital, though one technician has retired.

The birth injury lawsuit finally ends

Snow sued the hospital, West Suburban Medical Center, for Gerald’s injuries and the expected cost of care over his lifetime. In November 2019, the five-year lawsuit came to a close when a jury awarded Snow $101 million in damages. Snow and Gerald will receive $50 million under a damages cap agreement reached prior to the verdict being returned; the hospital agreed to forego any appeal. While this error was costly for both sides, only one has to live with it permanently. Gerald faces a lifetime of needing full-time care, and he and his family have been robbed of what could have been.

If you or your child have experienced improper medical care that led to a birth injury, speak with the professional and caring medical malpractice attorneys at Harris Lowry Manton LLP. You should be shown the dignity and respect that you deserve after being severely injured through medical negligence. You don’t have to fight alone. To schedule your free, no-obligation consultation, call our Atlanta office at 404-961-7650, our Savannah office at 912-651-9967, or tell us your story through our contact page.