JVR Trial Excellence Awards 2025

CASE REPORT

(MMM 23/1) MEDICAL MALPRACTICE--NEWBORN’S BRAIN DAMAGE BLAMED ON DELIVERY TRAUMA (12B)

Imran Maali, minor v Advocate Health & Hospitals Corp., Advocate Christ Medical Center, Advocate Medical Group 15L-5925 Tried Jan. 9-Feb. 1, 2019

VERDICT: Not Guilty

JUDGE: Elizabeth M. Budzinski (IL Cook-Law)

Dominick W. Savaiano Dom has tried over 90 jury cases, the vast majority of which resulted in defense ver- dicts. Nearly all his trials have taken place in difficult jurisdictions inclined to return plaintiff verdicts in the millions of dollars. In virtually all of these cases, Dom rep - resented the target defendant, achieving victories that saved hundreds of millions of dollars. Dom is routinely called on by clients to take over difficult matters or cases set for trial that were prepared by other firms. He is often asked to take such cases to trial, evaluate a claim or expo - sure, or resolve the matter on behalf of clients throughout the United States.

PLTF ATTY(S): Joshua L. Weisberg, Melanie J. VanOverloop of Rapoport, Weis- berg & Sims (Chicago, IL) DEMAND : $18,000,000 ASKED : $54,000,000 DEFT ATTY(S): Dominick W. Savaiano, Elizabeth (Betsy) R. Grover of Nielsen, Zehe & Antas (Chicago, IL) for all defts (Self-Insured) OFFER : none

PLTF MEDL: Dr. M. Ammar Katerji (Pediatric Neurology)

PLTF EXPERT(S): Dr. John P. Elliott (Maternal & Fetal Medicine); Dr. Joshua Shimony of Washington University Medical School, Mallinckrodt Institute of Radiol- ogy, 510 S. Kingshighway Blvd., #16109, St. Louis, MO (314-362-5950) (Pediatric Neuroradiologist); Dr. Jerry B. Schwartz of Torrance Memorial Medical Center, 3330 Lomita Blvd., Torrance, CA (310-517-4663) (Neonatologist); Dr. Garrett Burris (Pediatric Neurology); Dr. Richard Bonfiglio (Rehab/Physical Medicine); Dr. Sandra Reznik of Montefiore Medical Center, Wakefield Campus, 600 E. 233rd St., Bronx, NY (718-904-2947) (Pathologist); Jan Klosterman, R.N. (Life Care Planner); David Gibson (Vocational Economics Analyst) DEFT EXPERT(S): Dr. Julie Jensen (Ob/Gyn); Dr. Michael G. Ross (Maternal & Fetal Medicine); Dr. Jonathan Muraskas (Neonatologist); Dr. Rebecca Baergen (Pathologist); Dr. Jill DeJong of University of Chicago Hospital, 900 E. 57th St., Chicago, IL (773-702-8222) (Pediatric Hematology); Dr. James Provenzale of Duke University School of Medicine, Advanced Neurodiagnostic Consultation LLC, 108 Dartmouth Court, Chapel Hill, NC (919-684-7647) (Neuroradiologist); Dr. Mark S. Scher (Pediatric Neurology); Robert M. Shavelle, Ph.D. (Statistician); Robert A. Baade, Ph.D. (Economist); Carol Hadley Fricks, R.N. (Life Care Planner); Susan L. Combs (Insurance Broker) for all defts

Pltf minor Imran Maali’s mother was 32 weeks pregnant with twins (conceived via IVF) when she went into labor and presented to Advocate Christ Medi- cal Center on February 14, 2014. After one of the twins was determined to be in a breech position, doctors decided to perform a Cesarean section delivery on February 19, 2014. The delivery was performed by an attending obstetri- cian and two obstetrical residents. All three doctors maintained the delivery was complicated by the fact that the first baby to be delivered (pltf Imran) was malpositioned and each of them was unsuccessful in their attempts to

deliver his head, requiring them to take additional measures for better access to deliver him (extending the incision and placing the mother in the Trendelen- burg position). Pltf’s experts contended the baby’s head was stuck, not malpo- sitioned, the doctors failed to recognize that the head was stuck, and they ex- erted excessive force on his body while manipulating and delivering him. Imran was born with bruises all over his body, and allegedly had two skull fractures ac- cording to pltf’s expert pediatric neuro- radiologist. Pltf’s experts contended the skull fractures were directly caused by a traumatic delivery. The newborn was

JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 65

Powered by