Advocate Trinity Hospital Ordered to Pay $23 Million Dollars After Failure to Timely Deliver Leads to Brain Injury and Cerebral Palsy

On May 1, 2024, a jury in Cook County, Illinois, awarded $23,070,000 to Na’ Jai Johnson, a seven-year-old girl who suffers from brain damage and cerebral palsy. A jury of 12 unanimously found that a nurse and two obstetricians at Advocate Trinity Hospital in Chicago were negligent by failing to deliver Na’Jai by a timely cesarean section on the day of her delivery. The majority of the award will be used to pay for the medical expenses necessary for Na’Jai’s care and treatment for the remainder of her life.

The case arose out of Na’Jai’s delivery in January of 2017. On the day in question, Na’Jai’s mom, Alexis Willis, presented to Advocate Trinity Hospital with complaints of decreased fetal movement. Despite obvious signs that Na’Jai was in trouble, the obstetrical team at Advocate Trinity failed to timely deliver Na’Jai. Approximately 25 minutes before delivery, Na’Jai’s heart rate dropped and did not recover, causing her to suffer hypoxic-ischemic brain damage. Witnesses testified that Na’Jai should have been delivered before her heart rate dropped, and had Advocate’s providers done so, she would have avoided her brain damage and cerebral palsy.

“Na’Jai’s family was extremely grateful for the opportunity to have her case heard, and they appreciate the time and effort put into the case by her attorneys, the jury, and the court. These are hard, complex cases for the jury to hear and deliberate. Their dedication and diligence in understanding the details of this case ultimately led to Na’Jai and her family getting justice after her birth injury.” – Mary M. Koch, Wais, Vogelstein, Forman, Koch, and Norman.

“This case was a victory for parents and a victory for victims of birth injuries everywhere – but most importantly, it was a victory for Na’Jai and her family. The damages the jury awarded her will allow her family to provide her with the quality of life she deserves and help her fulfill her potential.” – Dave Grzechowiak, Wais, Vogelstein, Forman, Koch, and Norman.

The Plaintiffs were represented by trial lawyers Mary Koch and Dave Grzechowiak, along with Chicago trial team John LaMantia, Soobin Lee, and Joseph Konrad of Wais, Vogelstein, Forman, Koch & Norman, LLC of Chicago, Illinois, and Baltimore, Maryland.

The Defendants were represented by Dominic Saviaino and Betsy Grover of Nielsen, Zehe & Antas, PC of Chicago, Illinois.