Birth injury settled for $1M as federal tort claim

An infant injured at birth at a federally funded health care facility in Illinois reached a $1 million settlement with the U.S. government, according to his attorneys.

Rachel Roman and David Zevan of Zevan Davidson Roman in St. Louis said the mother of the plaintiff, known as M.T., was admitted to Alton Memorial Hospital on March 8, 2016. Due to gestational diabetes, labor was induced at 39 weeks.

The mother labored for nearly 24 hours when the baby’s head was delivered. According to the suit, Dr. Geoffrey Turner realized the baby’s shoulder was hung up on the mother’s pubic bone and attempted several maneuvers to free the stuck shoulder before successful delivery. At the time of delivery, the baby’s arm was limp and without movement. He weighed 10 pounds, 6 ounces.

The suit was filed under the Federal Tort Claims Act, alleging that Turner and Southern Illinois Healthcare Foundation Inc. were liable for M.T.’s injuries. The suit alleged that Turner should have sought to deliver M.T. by cesarean section given the baby’s large size, which had been measured by ultrasound a month prior to delivery. The suit also alleges Turner used excessive traction on M.T.s head and neck at the time of delivery, pulling or tearing his nerve roots.

At 6 months, M.T. underwent surgical exploration of the cervical nerve roots and sural nerve grafting, where nerves were taken from his leg and connected to the damaged cervical nerves in an attempt to restore some function to his arm. At 1 year old, M.T. underwent a second surgery to transfer additional nerves to the damaged area in an effort to improve elbow flexion.

At 3 and a half years old, the boy undergoes weekly physical and occupational therapy that he likely will need to continue throughout his childhood and into his adult years, Roman said. He will likely require additional surgeries in the future and will never have full use of the arm. The right arm has also atrophied and is significantly shorter in length as a result of the nerve damage.

The U.S. Attorney’s office confirmed the amount of the settlement but otherwise declined to comment.

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