Arnstein & Lehr Litigation Partners Gain Major Medical Malpractice Victory
David S. Waxman and George P. Apostolides, partners in Arnstein & Lehr's litigation department, recently obtained a defense verdict in Chicago after a four-week medical malpractice trial where plaintiffs sought $39 million in damages against two suburban Chicago hospitals and multiple physicians employed by the hospitals.
Plaintiffs alleged that a now seven-year-old boy suffered profound neurological deficits, including cerebral palsy, blindness, spastic quadriplegia and severe cognitive impairment, after he was delivered at a suburban hospital. They contended that the child, a twin born two months premature, was injured due to a delay in administering antibiotics to his mother in labor and a failure to treat the child with antibiotics after his second day of life.
The defense established that the care rendered by the defendants was timely and appropriate, and that the boy's condition was not preventable but was the result of damage caused to his brain before it had fully developed when his mother became infected at 31 weeks of pregnancy.
Mr. Waxman and Mr. Apostolides obtained a dismissal of two physicians at trial and a directed verdict on behalf of one of the hospitals. The jury then deliberated for more than two full days before returning a defense verdict in favor of the remaining hospital.