Brain Injury and Death of Newborn at 11 days old

Verdict: $2,750,000 versus Dr. Merry Demko, and Chicago Family Health Center, Inc., F/K/A Claretian Medical Center of South Chicago, Inc. (U.S.A.) Hospital Defendant settled for  $750,000 during 1st week on trial.

Type of Case:   Medical Malpractice:  Failure to deliver baby timely, Failure to properly assess the baby’s fetal heart monitor strips, failure to perform emergency C-Section timely and other deviations from the standard of care.

Judge: John F. Grady. U.S. Dist. Ct. Northern Dist. of Ill Eastern Div.:  The case having been removed from Cook County State Court under the Federal Tort Claims Act.

Pltf Atty : Craig L. Manchik of Law Offices of Craig L. Manchik & Associates, P.C.

Deft Attys: Eileen Marutzky and Gina Brock from the United States Attorney’s Office for the Defendants, OFFER: None

Plth Experts: Fred J. Duboe, M.D. (Obstetrics and Gynecology), William Roberts M.D. (Maternal Fetal Medicine) and Lawrence Lilien, M.D. (Neonatology)

Facts:  At 20 years of age, Plaintiff obtained prenatal care from Dr. Merry Demko and Chicago Family Health Center, Inc., formerly known as Claretian Medical Center of South Chicago, Inc. When she began feeling labor contractions that were accompanied by vaginal bleeding she visited Dr. Demko, at the Hospital where Dr. Demko monitored the infant’s fetal heart rate, performed an ultrasound, performed a cervical exam and diagnosed the Mother with a urinary tract infection, for which she prescribed antibiotics, false labor and sent the Mother home. The next morning, her water broke at 6:00 a.m.

The fetal heart monitor strips showed a lack of accelerations, decelerations and other indications that the baby was suffering fetal distress, yet no C-Section was performed until the following morning, shortly after the attending physician, Dr. Hsu, had  performed an examination. The baby was then intubated and the chart states that thick pea soup like meconium secretions were found below the baby’s vocal cords. Hypoxemia, acidosis, cerebral edema and respiratory distress were present and the baby was placed in an oscillator. Despite extensive treatment and multiple consultations from specialists the birth injuries were so severe that the baby succumbed to her injuries at 11 days of life.