U.S. Court Awards $29 Mil. to Illinois Family in Birth Injury suit; Treatable infection led to Cerebral Palsy

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A federal appeals court has awarded the family of a now-8-year-old Illinois boy $29.1 million because doctors failed to treat an infection that led to cerebral palsy.

Christian Arroyo developed a fairly common neonatal blood infection that doctors and nurses at the Erie Family Health Center, a federal government-funded clinic, left untreated more than 12 hours — leading to irreversible brain damage — Christian’s parents charged in their federal lawsuit.

They won the medical malpractice suit last year, but the government appealed.

On Sept. 1, the U.S. Court of Appeals for the Seventh Circuit affirmed the 2010 verdict.

The government had appealed on the grounds the suit was untimely because Arroyo’s parents waited two years to file a claim. But the appeals court rejected the government’s argument.

Since the doctors never informed the Arroyos that the brain damage could have been avoided with the use of antibiotics, the Arroyos were not at fault, The Chicago Sun Times reported.

When Christian was born in 2003, the Arroyos didn’t realize the doctors at Erie had done anything wrong, their attorney said. But when their second son was born a year later and immediately treated with the antibiotics, the parents became suspicious, the paper reported.

Attorneys of Ross Feller Casey, LLP has built a remarkable record of victories in Philadelphia Birth Injury related cases, amassing a long list of seven- and eight-figure verdicts and settlements. They include:

$22 million verdict in a birth injury case involving blood arriving late for a transfusion
$12 million recovery in a birth injury case
$8 million settlement for a child who suffered a brain injury due to a delay in delivery
$7 million recovery for a child left with cerebral palsy as a result of obstetrical negligence
$7 million settlement for a woman who died just after delivering a baby
$6 million settlement for an infant who suffered brain damage because a nurse midwife and nurses failed to manage fetal distress during labor
$5.5 million recovery for a child who was brain injured at birth because an obstetrician failed to recognize signs of placental abruption
$5.5 million settlement for the family of a 23-year-old woman who died after giving birth to her daughter

Disclaimer - Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.


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