A jury has rejected the “unknown infection” argument presented
by the defense and awarded more than $50 million to the Ewing family after
a birth injury caused Isaiah Ewing’s cerebral palsy.
In 2004, Lisa Ewing went to the hospital after noticing her baby was moving
less than usual. A first-year resident was able to diagnose fetal distress
within minutes, but no practicing doctor saw Lisa for more than 11 hours.
It was over 12 hours before a cesarean section was performed and it was
discovered Isaiah was not breathing. He was in critical condition for
four weeks before being released, suffering brain damage and cerebral
palsy as a result of the lack of oxygen to his brain.
The Ewings sued the hospital in 2013, arguing that the staff failed to
recognize fetal distress and perform a cesarean section in a timely manner,
which may have saved Isaiah from the condition he now lives with. The
hospital argued that Isaiah was born with normal oxygen levels in his
blood and thus the injury occurred before Lisa came to the hospital, caused
by an “unknown infection.”
However, the hospital could not identify the infection and couldn’t
provide any further information about it. Nonetheless they continued to
insist it was there and was the reason for the injury. Jack Beam of Beam
& Raymond, one of the attorneys for the Ewing family, argued “Their
sole defense was that an infection during Lisa’s pregnancy caused
cerebral palsy. Our experts disagreed, and the university’s own
pediatric infectious disease specialist had looked for—but ruled
The jury ruled in favor of the Ewings, awarding $53 million, including
just under $29 million for future life care costs, $7 million for medical
expenses, and more. The Ewing family now will not have to worry about
Isaiah’s future, knowing Lisa, a single mother, can afford to give
him the care and constant supervision he needs.
The hospital has since moved to declare a mistrial, contending that the
closing arguments deprived the hospital of a fair trial. That motion was
rejected and the verdict was entered. However, the hospital has once again
filed a motion for a new trial, which will be completed by the end of
For more details, read the full article
If you need assistance after you and a loved one have suffered from a birth
injury, it’s important to discuss your case with a Chicago birth
injury attorney as soon as possible.
Beam & Raymond are a nationally recognized firm that places the needs of you, your family,
and your children at the
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