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Newborn Death Due to Negligent Care | October 5, 2021

Lawsuit Against Ann And Robert H. Lurie Children’s Hospital And Mercy Hospital And Medical Center

On October 5, 2021, WVFK&N attorney Soobin Lee filed a medical malpractice claim on behalf of two newborns who died because of negligence.

The complaint alleges that on October 18, 2019, the mother, who was 26 weeks and 5 days gestation, presented to the Mercy Labor and Delivery department at or around 20:00 complaining of abdominal pain. At 20:20, an obstetrician assessed the fetal heart rate at 150-160 beats per minute. The mother’s pain continued to worsen until around 20:40 an ultrasound revealed that the placenta had begun to separate. The doctors decided to perform an emergency cesarean section. Hospital records indicate that “two viable female infants” were delivered via cesarean section at 21:06. Following their successful delivery, care of the twins was transferred to the attending neonatologist and the specialty care nursery staff. Plans were made to transfer the twins via Lurie’s Critical Care Transport Team to Northwestern Medicine Prentice Women’s Hospital. The medical record indicates that the twins both had a patent airway at birth but were nonetheless immediately intubated following delivery. Despite this intubation, medical records indicate that the neonatologist planned not to administer surfactant until arrival at Prentice. The neonatologist also ordered that infectious disease testing was to be withheld until arrival at Prentice. Eventually, both twins demonstrated signs and symptoms consistent with respiratory distress syndrome. Their condition continued to deteriorate despite late interventions. Both twins died that day because of their pulmonary problems.

The lawsuit alleges that the children’s death was a result of the negligence of Ann and Robert H. Lurie Children’s Hospital and Mercy Hospital and Medical Center and their employees in failing to timely respond to concerning clinical signs and appropriately treat the babies.

The action is pending in the Circuit Court for Cook County, Illinois.

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