Wisconsin Family Awarded $11.4 Million in Birth Injury Lawsuit

A Wisconsin couple was awarded $11.4 million in a medical malpractice lawsuit against a certified nurse midwife and a registered nurse at Gunderson Lutheran Medical Center.

Chad and Amy Jelinek claimed that their son suffered brain injuries due to complications during his birth in 2005. The lawsuit, which was filed in 2006, charges that Glenda Pinkham, a nurse midwife, and Michelle Dwyer, a registered nurse, acted negligently during the birth of their son and "failed to act appropriately and to deliver Laine in a timely fashion." The Jelineks are also claiming that Pinkham misread the fetal monitoring strips that showed the baby was in distress, and that she should have called the doctor when the delivery was not progressing normally.

The Jelinek's doctor, Dr. Shannan Stephens was cleared of any wrongdoing by the jury.

During the trial medical experts were brought in to give their professional opinions on the quality of care the Jelinek's received, and whether or not the care or lack of care led to the brain injuries that left the baby with  cerebral palsy.

Jeff Goldberg, attorney for the Jelineks, said the family was relieved with the jury's decision, but that in no way does the settlement serve as a reward.

"The family was relieved to see that those responsible for Laine having this severe debilitating condition are being held responsible," said Goldberg. Goldberg continued to say, "This is not reward. This is barely compensation. But it will change Laine's life forever and make the family's life reasonable."

In a prepared statement, Gundersen Lutheran Medical Center acknowledged that the Jelinek's have gone through a difficult time, but stood behind the quality of care provided at the hospital. At this time the hospital as yet to decide if it will appeal the jury's decision.

To find out more about the birth injury laws in your state, click here to find a medical malpractice lawyer near you!