CHICAGO, March 14, 2017 /PRNewswire-HISPANIC PR WIRE/ — Today, Circuit Court Judge Kent Delgado approved a settlement for baby boy Emilio Garcia who suffered a paralyzed right arm during delivery. In a routine delivery at University of Illinois Chicago Medical Center, baby Emilio Garcia’s right shoulder became stuck in the mother’s birth canal creating an obstetrical emergency. This is called “shoulder dystocia.” The medical malpractice law suit alleged that the delivery team led by defendant obstetrician Dr. Loraine Endres pulled too hard trying to dislodge the baby’s shoulder causing his nerves to be torn which control the arm.
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Medical malpractice attorney Kurt D. Lloyd of the Lloyd Law Group, Ltd. represented Emilio and his mother. Attorney Lloyd said: “physicians are trained to not panic during delivery and use standard maneuvers to release the shoulder. Pulling too hard or excessive traction is never the answer. This birth injury could have been avoided.”
Emilio’s has a permanent Erb’s palsy of his right arm–a neurologic injury. Emilio has had two surgeries at Lurie Children’s Memorial Hospital in attempts to restore some function to his arm. Attorney Lloyd said: “Emilio will never swing a baseball bat like other children.”
The settlement is valued at $1.2 million, including $950,000 in cash and a waiver of reimbursement of over $250,000 in past paid medical expenses. The settlement also sets up a Special Needs Trust so that Emilio can receive medical care for his arm for life and modifications can be made to his home to help with daily living needs.
The case is Emilio Garcia, a minor by his mother Beronica Garcia v. Loraine Endres, MD, Case No. 13 L 8588, Circuit Court of Cook County, Chicago, Illinois.
Kurt Lloyd is a trial attorney representing injured victims. He is the author of the newly published book Jury Selection.
Lloyd Law Group, Ltd, a Plaintiff’s Personal Injury and Wrongful Death Law Firm