A Cook County judge has approved a $6.25 million settlement on behalf of a 4-year-old boy whose mother sued Cook County, alleging that her son suffered brain damage at birth because doctors at John H. Stroger Hospital failed to deliver him in time, according to the mother’s attorney

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Volume 156, No. 184 Tuesday, September 21, 2010
In the News
In Circuit Court
A Cook County judge has approved a $6.25 million set-
tlement on behalf of a 4-year-old boy whose mother sued Cook
County, alleging that her son suffered brain damage at birth
because doctors at John H. Stroger Hospital failed to deliver him
in time, according to the mother’s attorney.
The settlement is to be paid by the county, on behalf of
doctors at the hospital, said Kenneth A. Hoffman of Mitchell,
Hoffman & Wolf LLC, who represented the plaintiff.
Around noon Sept. 15, 2006, Maria Rodriguez was admitted
to the hospital for the induction of the labor and delivery of her
child, Angel Gutierrez, her attorney said. The lawsuit alleged
that the county, by and through its agents and employees, failed
to meet the accepted standard of medical practice by failing to
timely deliver the child following the recognition of severe and
prolonged fetal heart rate decelerations. According to the
lawsuit, doctors treated the fetal heart rate decelerations by
changing the mother’s position, amnioinfusion and use of
oxygen.
The plaintiff contended that as a result of the delay in
delivery, the child suffered brain damage due to a lack of oxygen.
Hoffman said the boy has spastic quadriplegic cerebral palsy, is
cortically blind, ventilator dependant and is tube fed.
The county was represented by assistant Cook County
state’s attorney Thomas A. Rieck. He declined to comment.
Cook County Circuit Judge Drella C. Savage approved the
settlement Sept. 16. The case is now set to go to the Probate
Division because the matter involves a disabled minor.
Maria Rodriguez, as mother and next friend of Angel Gutierrez,
a minor v. County of Cook, No. 07 L 13386.
Copyright © 2010 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company.