Approximately eight hours later, the baby was delivered by emergency cesarean section. Despite efforts to resuscitate the child, the baby died.

Flores and her husband sued Advocate Health and Hospitals Corp., Advocate North Side Health Network, the attending obstetrician and a labor and delivery nurse; they alleged medical malpractice and wrongful death.

The Flores family claimed that the defendants had ignored clear warning signs of fetal distress and chose not to intervene in a timely manner to save the child.

At trial, the jury signed a verdict for $7.5 million plus interest.

The attorneys successfully representing the Flores family were Clark Raymond and Robert Raymond.

Flores v. Vijayakumar, No. 2020 L 010272 (Ill. Cir. Ct. Cook County, Ill.).

Kreisman Law Offices has been handling obstetrician negligence lawsuits, labor and delivery negligence cases, fetal distress lawsuits, and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Naperville, New Lenox, Elmhurst, Addison, Carol Stream, Hinsdale, Downers Grove, Hickory Hills, Chicago (Bronzeville, Hyde Park, Jackson Park, South Shore, Chicago Lawn, McKinley Park, Little Village, Humboldt Park, Wrigleyville, Wicker Park, Old Town, Noble Square, West Town), Maywood, Oakbrook, Skokie, Vernon Hills, and Lake Bluff, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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A panel of the First District Appellate Court ruled that Advocate Health was not denied a fair trial and that the trial judge correctly awarded the $885,000 in prejudgment interest to the plaintiffs.

The gist of the appeal was that concerning Illinois Pattern Jury Instruction (IPI) Civil No. 15.01 claiming that it failed to provide instruction on sole proximate cause and was incorrectly used at the trial level.

Justice LeRoy K. Martin Jr. delivered the judgment of the court with the opinion.

Bonita Johnson and Fifth Third Bank sued Advocate Health & Hospitals Corp. and several of its physicians and nurses on behalf of Johnson’s son, Anthony Harris.

Harris, who was born in 2014, was diagnosed with neonatal encephalopathy after allegedly being deprived of oxygen for 45 minutes while Johnson was in labor.

Young Harris experienced a fluctuating heart rate while his mother was in labor. The Cesarean delivery was delayed while waiting for Johnson’s obstetrician, who was traveling to Advocate Christ Hospital and Medical Center of Oak Lawn.

The obstetrician was found not liable for the injuries and is not a party to the appeal.

The lawsuit was filed in 2016 and proceeded to a jury trial. The Johnson family argued that Harris’s injuries were caused by the lack of oxygen to the brain, while Advocate claimed they were caused by fetal growth restriction (FGR), which occurred during his gestation.

Both parties to the lawsuit tendered jury instructions regarding proximate cause. The plaintiffs tendered IPI Civil No. 15.01, which defines proximate cause as, “A cause that, in the natural or ordinary course of events, produced the plaintiff’s injury.” Their instruction concluded with the sentence, “However, if you decide that the defendants conduct was not a proximate cause of the plaintiffs’ injury, then your verdict should be for the defendants.”

Conversely, Advocate tendered a modified version of IPI Civil No. 15.01. Its instruction ended with “However, if you decide that the sole proximate cause of the injury to plaintiffs was something else or the conduct of someone else other than defendants, then your verdict should be for the defendants.”

Advocate objected to the plaintiffs’ instructions and requested that the judge use its version, which was denied.

Further, Advocate’s counsel also attempted to negotiate a high-low offer of $6 million and $20 million, which the plaintiffs’ counsel rejected.

After the entry of the $20 million jury verdict, Advocate filed a motion for a new trial in 2022, which was denied. It then appealed in 2023.

In the panel’s opinion, it found that the trial judge incorrectly refused to give a modified jury instruction on the issue of proximate cause and wrote that IPI Civil No. 15.01 was insufficient to instruct the jury on the issue.

It was noted that IPI Civil No. 15.01, which was revised in 2021, does not provide an instruction related to sole proximate cause.

“Here, Advocate presented evidence by way of expert testimony that [Harris’] injuries were caused solely by FGR. Therefore, Advocate was entitled to an instruction on sole proximate cause. Revised IPI Civil No. 15.01 did not suffice, as it does not state the sole proximate cause defense.”

In the appellate court’s opinion, Advocate was not seriously prejudiced by the trial judge’s refusal to give the modified jury instruction and noted that “the parties made it clear to the jury that causation was a pivotal issue in the case.”

Additionally, the appellate court affirmed the award of prejudgment interest. It was also found that Advocate’s high-low proposal was not a settlement offer within the meaning of prejudgment interest statute, which provides that when a judgment is less than or equal to the amount of the highest written settlement offer made within the relevant time, prejudgment interest may not be added to the amount of the judgment.

“Accordingly, a high-low agreement still requires that a case proceed to trial and a verdict be reached. The arrangement cannot reduce the cost of delays or the burden on court dockets, which the legislature sought to alleviate with a prejudgment interest statute. Thus, we, the appellate court conclude the legislator did not intend for a high-low proposal to qualify as a settlement offer for purposes of the prejudgment interest statute.”

Accordingly, the trial court’s $20 million verdict and prejudgment interest are affirmed.

Johnson v. Advocate Health & Hospitals Corp., 2025 IL App (1st) 230087.

Kreisman Law Offices has been handling birth trauma injury lawsuits, medical malpractice cases, nursing home abuse lawsuits and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Cicero, Forest Park, Melrose Park, Park Forest, Crestwood, Western Springs, Northlake, Rosemont, Park Ridge, Prospect Heights, Rolling Meadows, Palatine, Wheeling, Vernon Hills, Lake Bluff, Chicago (Jefferson Park, Lincoln Square, West Ridge, Lakeview, Logan Square, Hermosa, West Town, River North, Near Northside, South Loop, Back of the Yards, Englewood, Avondale, Brighton Park, Auburn Gresham, Calumet Heights), Oak Lawn, Hickory Hills, Chicago Ridge, Blue Island, Dolton and Oakbrook Terrace, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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However, these measures did not reduce the fetal heart rate. Approximately three hours later, the fetal heart rate allegedly went from tachycardia to bradycardia. Vennapureddy’s treating gynecologist, who performed the emergency cesarean section, was notified.

Vennapureddy’s daughter was born in a significantly depressed condition and was diagnosed as having suffered hypoxic-ischemic brain damage. She was transferred to a children’s hospital but died a few days later.

Vennapureddy and her husband filed a lawsuit claiming wrongful death and survival against the gynecologist, a medical practice, the hospital and others. Vennapureddy and her husband asserted that the defendants chose not to perform an earlier delivery considering the fetal distress.

The parties settled before trial for $1.8 million.

The attorney handling this tragic case was James E. Beasley Jr.

Gade v. Shah-Parikh, No. 2020-13491 (Pa. Ct. Com. Pl. Montgomery Cnty.).

Kreisman Law Offices has been handling birth injury lawsuits, birth trauma injury lawsuits and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Bolingbrook, Elgin, Aurora, North Barrington, Inverness, Glenview, Riverside, Morton Grove, Oak Lawn, Chicago (Rogers Park, Back of the Yards, Pilsen, Chinatown, Greek Town, Wrigleyville, North Lawndale, Andersonville), Deerfield, Orland Park and Arlington Heights, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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The Tucker family filed a lawsuit against the hospital, alleging it chose not to perform a timely cesarean section, resulting in respiratory distress and brain damage to Baby Tucker.

The parties settled before a jury trial for $18 million.

The attorneys successfully handling this matter for the Tucker family were Barry D. Goldberg and Ian R. Alexander, both of Chicago, Ill.

Tucker v. John H. Stroger Jr. Hosp., No. 2023L003283 (Ill. Cir. Ct. Cook County)

Kreisman Law Offices has been handling birth injury lawsuits, birth trauma injury lawsuits, cerebral palsy injury lawsuits, and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Bolingbrook, Elgin, Aurora, North Barrington, Inverness, Glenview, Riverside, Morton Grove, Oak Lawn, Chicago (Rogers Park, Back of the Yards, Pilsen, Chinatown, Greek Town, Wrigleyville, North Lawndale, Andersonville), Deerfield, Orland Park and Arlington Heights, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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After about two hours, the fetal heart monitor showed a prolonged deceleration. Willis was taken to the operating room, where the baby’s heart-rate was reported as bradycardic. Bradycardia is a condition where the heart beats more slowly than expected, under 60 beats per minute in adults. Approximately 25 minutes later, Willis’s daughter was born in a depressed condition; the baby required resuscitation. The baby’s Apgar scores were 3 at 1 minute and 5 at 5 minutes. The baby, who is now 7 years old, has been diagnosed as having hypoxic-ischemic brain damage and cerebral palsy.

Willis and the baby’s father sued the hospital and an attending physician, maintaining that they chose not to perform a timely cesarean delivery.

The jury signed a verdict for $23.07 million.

The attorneys successfully handling this matter for the Willis family were Mary Koch, David Grzechowiak, John LaMantia, Soobin Lee and Joseph Konrad.

Willis v. Advocate Health and Hospital Corp., 20 L 002753 (Ill. Cir. Ct. Cook County).

Kreisman Law Offices has been handling birth trauma injury lawsuits, delayed cesarean delivery lawsuits, cerebral palsy injury lawsuits, and labor and delivery negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Lincoln Park, Elk Grove Village, Elmhurst, Morton Grove, Oak Park, Westmont, Hodgkins, Palos Hills, Crestwood, Palos Park, Lemont, Park Ridge, Itasca, Chicago (Mount Greenwood, Beverly, Riverdale, East Side, Douglas, Oakland, South Lawndale, Humboldt Park, Logan Square, Lincoln Park, Logan Square), Bolingbrook, Mundelein, Lemont, and Wilmette, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Monochorionic diamniotic twins are a product of a single fertilized egg resulting in genetically identical offspring. The term diamniotic refers to multiple gestations with two distinct placental disks and describes the pregnancy with a distinct amniotic cavity. Dichorionic diamniotic twin pregnancy is a twin pregnancy in which each fetus has its own placenta and amniotic sac.

Nevertheless, an obstetrician allegedly categorized the twins as dichorionic. At 38 weeks gestation, an ultrasound showed no fetal heartbeat. Doe underwent a cesarean section to deliver her stillborn children.

Doe sued the practice and treating obstetrician, alleging improper handling of a monochorionic diamniotic pregnancy. Doe asserted that she should have undergone appropriate prenatal testing and referred to a maternal fetal medicine specialist.

The lawsuit also claimed that one of the defendants had mischaracterized the pregnancy as dichorionic, which resulted in a delayed delivery.

Before trial, the parties settled for $2.5 million.

The attorneys handling this lawsuit for the Doe family were Travis W. Markley, Richard L. Nagle and Heather E. Zaug.

Doe v. Roe, Confidential docket.

Kreisman Law Offices has been handling birth injury lawsuits, wrongful death cases, obstetrician negligence lawsuits and hospital negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 48 years in and around Chicago, Cook County and its surrounding areas, including Naperville, New Lenox, Elmhurst, Addison, Carol Stream, Hinsdale, Downers Grove, Hickory Hills, Chicago (Bronzeville, Hyde Park, Jackson Park, South Shore, Chicago Lawn, McKinley Park, Little Village, Humboldt Park, Wrigleyville, Wicker Park, Old Town, Noble Square, West Town), Maywood, Oakbrook, Skokie, Vernon Hills and Lake Bluff, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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The next day, the fetal monitor allegedly showed prolonged and late decelerations. Approximately two hours later, Baby Doe was delivered by cesarean section.

Doe’s Apgar scores were 1 at 1 minute and 4 at 5 minutes. He was diagnosed as having suffered hypoxic-ischemic brain damage. Doe is now 5 years old and requires 24/7 care. Doe’s family and guardians filed a lawsuit against the United States under the Federal Tort Claims Act. The family alleged negligence by one provider and the hospital. The suit also alleged negligence by another provider and maintained that the provider failed to perform a timely cesarean section that would have prevented the child’s brain damage.

Before trial, the parties settled confidentially without revealing the amount of the settlement.

The attorney handling this case for Doe and family was Charles L. Falgiatano.

Doe v. United States, No. 5:21cv00327 (N.D. N.Y.)

Kreisman Law Offices has been handling birth injury lawsuits, brain damage lawsuits, traumatic brain injury cases, wrongful death lawsuits, and obstetrician negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 48 years in and around Chicago, Cook County and its surrounding areas, including Franklin Park, Wheeling, Hoffman Estates, Northfield, Morton Grove, Schaumburg, Bartlett, Hanover Park, Maywood, Bridgeview, Chicago (South Shore, Hyde Park, Englewood, Austin, Marquette Park, Chicago Lawn, Ashburn, Avalon Park, Calumet Heights, West Pullman, Roseland, South Loop, Streeterville, East Garfield Park, Humboldt Park, Wrigleyville), River Grove, Berkeley, Crestwood, and Villa Park, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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When Ms. Doe returned four weeks later, her cervix measured 23 millimeters. She requested a cervical cerclage given her condition. The cervix measured 20.1 millimeters when another specialist evaluated her less than a week later. In another week, the treating physician scheduled the cerclage.

While Ms. Doe was on her way to the procedure, her cervix failed. She went into labor. Her child was born at approximately 18-weeks gestation and died within an hour of his birth. Ms. Doe sued the two doctors alleging they chose not to perform a timely cervical cerclage. Ms. Doe asserted that the first doctor specialist should have ensured the procedure was performed within four days as Ms. Doe had requested and that the second specialist should have admitted Ms. Doe to the hospital for an urgent cerclage. None of that was done.

During trial, the parties settled for $1.1 million.

The attorneys that handled this matter for Ms. Doe were Travis W. Markley, Richard L. Nagle, Heather E. Zaug and Benjamin M. Wengerd.

Doe v. Roe, Confidential docket.

Kreisman Law Offices has been handling medical negligence lawsuits, birth trauma injury cases, obstetric negligence lawsuits, and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 48 years in and around Chicago, Cook County and its surrounding areas, including Flossmoor, Tinley Park, Palos Hills, Calumet City, Morton Grove, Niles, Des Plaines, Glencoe, Willowbrook, Chicago (Rogers Park, Portage Park, Lincoln Park, West Town, Hegewisch, East Side, Chatham), Libertyville, Mundelein, Waukegan and Hinsdale, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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The baby’s left shoulder became impacted on Morley’s pubic bone. It was alleged that Dr. Dauterive used lateral traction to delivery the baby who weighed more than 9 pounds at birth.

The child is now 7 years old and has been diagnosed as having brachial plexus injury, which left him permanently disfigured and with a dysfunctional left shoulder and hand.

Morley sued Dr. Dauterive, alleging that he chose not to diagnose macrosomia, an abnormally large baby, which was indicated on an ultrasound, and that he also failed to measure fundal height.

Ms. Morley also alleged that Dr. Dauterive responded improperly to evidence of shoulder dystocia by using lateral traction instead of the McRoberts maneuver. The lawsuit also claimed that Dr. Dauterive performed the delivery in a traumatic and aggressive manner.

The jury signed a verdict for $15.75 million.

The attorneys handling this case for Morley were James d’Entremont and Sarah E. Hunter.

Morley v. Dauterive, et al., 572, 203 (La. Dist. Ct. East Baton Rouge Parish).

Kreisman Law Offices has been handling birth injury lawsuits, brachial plexus injury lawsuits, wrongful death lawsuits and medical negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 48 years in and around Chicago, Cook County and its surrounding areas, including Chicago, Cook County and its surrounding areas, including Bolingbrook, Elgin, Aurora, North Barrington, Inverness, Glenview, Riverside, Morton Grove, Oak Lawn, Chicago (Rogers Park, Back of the Yards, Pilsen, Chinatown, Greek Town, Wrigleyville, North Lawndale, Andersonville), Deerfield, Orland Park and Arlington Heights, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Within thirty minutes of the surgery, Ms. Doe became unresponsive. Despite chest compressions and intubation following her cardiac arrest, Ms. Doe unfortunately died.

Ms. Doe was survived by her children, including her newborn twins. The cause of death reportedly was exsanguination (loss of blood) from internal bleeding caused by the suture dehiscence.

Exsanguination is the medical term to describe death caused by the loss of blood. Dehiscence refers to the separation of or bursting open of the surgical incision, which is what happened to Ms. Doe in this instance.

In the lawsuit filed against the defendants, it was alleged that the defendants chose not to timely return Ms. Doe to surgery in light of her symptoms over a four-hour period. There was an abundance of evidence that indicated internal bleeding and hypovolemic shock.

Before a jury trial, the parties settled for $1.5 million. The lawyer who successfully handled this tragic case was Brewster S. Rawls.

Doe v. Roe, Confidential docket.

Kreisman Law Offices has been handling wrongful death cases, birth trauma injury lawsuits, medical negligence cases and traumatic brain injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 48 years in and around Chicago, Cook County and its surrounding areas, including Bolingbrook, Elgin, Aurora, North Barrington, Inverness, Glenview, Riverside, Morton Grove, Oak Lawn, Chicago (Rogers Park, Back of the Yards, Pilsen, Chinatown, Greek Town, Wrigleyville, North Lawndale, Andersonville), Deerfield, Orland Park and Arlington Heights, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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