According to a report from Yahoo News, Cook County has recently finalized a nearly $25 million settlement in a medical malpractice lawsuit. The settlement was reached with the family of Nasir Rashawn Summerville—a baby who will need life-long medical care as a consequence of negligence by medical professionals at the county-run Stroger Hospital. Here, our Chicago medical malpractice attorney provides a more comprehensive overview of the case and the law.
Serious Birth Injury Causes Permanent Disability in Cook County (Settlement Reached)
As confirmed in reporting from Yahoo News, the family of Nasir Rashawn Summerville secured a $24.5 million settlement from Cook County after medical staff at Stroger Hospital caused permanent injuries during the child’s birth. According to the allegations in the medical malpractice lawsuit, doctors failed to act on signs of fetal distress. Sadly, as a consequence, the infant suffered severe brain damage. Nasir will now require round-the-clock care for the rest of his life. His mother, Natasha Summerville, filed the medical malpractice suit in 2023 against the county-run facility on the grounds that the hospital’s negligence left her son profoundly disabled.
Local administrators in Cook County approved the settlement shortly before a trial was set to begin. It is a big step for justice and is a very difficult, heartbreaking case of the family. The medical malpractice settlement will fund Nasir’s long-term medical needs, including specialized treatment, therapy, and adaptive equipment. Notably, the settlement was structured as a payout designed to ensure Nasir receives financial support for decades. In Illinois, there are specialized regulations for all settlements reached on behalf of minors. They must be approved by a court.
An Overview of Birth Injury Medical Malpractice Claims in Illinois
A birth injury is a type of medical malpractice claim. It happens when a baby suffers physical harm during labor or delivery. The mother may also have some form of injury. Doctors, nurses, or other medical professionals may cause the injury by using excessive force, delaying a necessary C-section, misusing delivery tools, or failing to monitor fetal distress. Some injuries heal on their own, but others—like brain damage or nerve trauma—can lead to permanent disabilities. Here are key points that families should know about birth injury medical malpractice cases in Illinois:
- Know the Most Common Birth Injuries: Some of the most common birth injuries includes hypoxic‑ischemic encephalopathy (HIE), cerebral palsy, skull fractures from improper vacuum or forceps use, facial nerve palsy, and umbilical cord prolapse mishandling. With that being said, birth injury can take a wide range of different forms. Each case requires a comprehensive investigation. It is imperative that infants get immediate care.
- Who Can File a Birth Injury Medical Malpractice Lawsuit: In Illinois, the claim is generally brought on behalf of the infant by the family, usually the parents. Legal guardians can file on behalf of an injured child. As noted, a settlement for a birth injury for an infant’s injury will require court approval as a matter of state law. A Chicago medical malpractice lawyer can help you navigate these legal requirements.
- The Standard of Liability for Birth Injuries: As with other medical malpractice cases, birth injury claims are based on negligence. A bad outcome during labor and delivery does not automatically mean that an OB GYN or hospital is liable. To prevail, plaintiffs must prove that a healthcare provider breached the standard of care and caused harm to the patient (baby or mother). Provides may include doctors, nurses, and hospitals. In Illinois, courts compare the provider’s actions against what a reasonable professional would have done in similar circumstances. If the provider failed to meet that standard and the baby suffered harm—such as hypoxic brain injury from ignored fetal distress—then it may be malpractice.
- Statute of Limitations for Birth Injury Claims: Illinois imposes deadlines for all types of medical malpractice claims, including birth injury cases. However, as the victim is an infant in this type of claim, the standard is relaxed. Indeed, state law gives birth injury cases more time. Parents can file until their child’s eighth birthday. Further, if a permanent disability was sustained by the child, courts can extend the deadline until the child turns 22. Still, there is no reason to wait to take action. Consult with a Chicago medical malpractice lawyer right away after an infant’s birth injury.
- Compensation for a Birth Injury in Illinois: Victims of a birth injury have the right to seek compensation for the full value of their damages, including for both economic losses and non-economic losses. The value of the case will always depend on the specific circumstances. Economic awards cover measurable costs: past and future medical care, therapy, assistive devices, and reduced productivity. Non‑economic awards compensate for pain, suffering, and loss of quality of life. Notably, in 2010, Illinois removed its statutory cap on medical malpractice damages. Previously, non-economic damages were capped as a matter of law in medical malpractice cases, including birth injury claims. However, that is no longer the case. Our Chicago birth injury lawyer can help your family seek justice.
How Our Chicago Medical Malpractice Lawyers Can Help
Medical malpractice claims are complicated. It is normal to have a lot of questions about your rights, your options, and the laws regarding medical negligence in Illinois. At Kennedy Watkins LLC, our Chicago attorneys are committed to fighting for justice for patients and their families. We have six and seven figure verdicts and settlements in medical malpractice claims. To set up a free, fully private consultation with a top-tier Chicago medical negligence lawyer, please do not hesitate to contact us today.
Contact Our Chicago Medical Negligence Attorney Today
At Kennedy Watkins LLC, our Chicago medical malpractice attorney is committed to fighting for justice for patients. If you or your family member was the victim of negligence, we can help. Reach out to us by phone or get in touch with us directly online for a free case review. From our office in Chicago, we handle medical malpractice cases throughout the wider region in Illinois.