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Jury Awards 1 M for Injury to Baby During Birth

Dougherty & Holloway Oct. 27, 2014

A jury has rendered a $1 million settlement on behalf of baby Bailei Rae, born March 1, 2011 to Jamie Rae of Staunton, Illinois. The baby was 9 pounds, 2 ounces, and became stuck during delivery by a Maryville, Illinois doctor accused of injuring the baby’s shoulder during delivery, when he should have done a Cesarean section delivery to avoid the injury. The baby now has a weak, motionless arm as a result of nerve root damage.

“Defendant negligently applied excessive downward traction and/or excessive tilting of plaintiff Bailei’s head, causing permanent nerve root damage and brachial plexus injury,” the suit claims. Brachial plexus injury is injury to the shoulder nerves.

The child, now 3, will suffer disability and medical expenses in the future, the suit claims. The suit claims the injuries and consequences of the delivery “are permanent and progressive in nature.”

The jury awarded damages for disfigurement, disability, pain and suffering and past medical expenses and $516,000 for future medical treatment for a total of $1 million.

However, Circuit Judge William Mudge signed an order Oct. 1 setting aside the verdict because the parties agreed to settle in order to avoid the risk and expense of further litigation.

The judge ordered the the estate’s law firm, Zevan & Davidson $333,333, plus $71,000 in expenses. There were other minor expenses to settling the case, but the plaintiff received $588,000. The judge signed the order Oct. 1. The verdict was rendered Aug. 18.