Highest Reported Illinois Verdict or Settlement for a Birth Injury Case
Tequila Sallis (F-24) was 37 weeks preg- nant with her first child when she was admitted to West Suburban Medical Center in Oak Park for high blood pres- sure and monitoring on August 9, 2014. Her prenatal care provider, deft family practitioner McCammon-Chase, diag- nosed preeclampsia and gestational diabetes and then discharged her the next day with orders for close monitor- ing, which contradicted ACOG guide- lines recommending delivering the baby by inducing labor. Tequila was readmit- ted two days later on August 12 for sus- pected ruptured membranes. After fetal heart rate monitoring was reactive and reassuring (normal), Dr. McCammon- Chase discharged her with a plan for monitoring and induction of labor on August 18. However, Tequila felt de- creased fetal movement on the morning of August 16 (at 38 weeks gestation) and returned to the hospital. Deft Nurse Walker placed an external fetal monitor for a nonstress test at 11:20 am, which showed a nonreactive and nonreassur- ing fetal heart tracing with minimal to absent variability (a sign of fetal prob- lems). Despite the concerning findings and underlying preeclampsia, Nurse Walker did not report the tracing to any physician for several hours; instead, she removed the fetal monitor after one hour and sent Tequila for a biophysical profile ultrasound without speaking to a doctor. Deft ultrasonographer Kolenskyj then allegedly delayed in performing the ultrasound and unnecessarily extended the length of the test, thereby causing the patient to remain off the fetal moni- tor for more than two hours. Kolenskyj determined the baby was not moving and had no muscle tone, scored the test as a 4 (out of 8) which is a critical result indicative of asphyxia, and failed to report the results to a radiologist for two hours. When Tequila was finally put back on the fetal monitor, the baby’s heart rate had dropped, variability was absent, and the baby experienced termi- nal bradycardia. A physician was finally called, an emergency Cesarean sec- tion was ordered, and baby Gerald was
delivered at 4:20 pm. The newborn re- quired prolonged resuscitation imme- diately after delivery, his Apgar scores were 1/1/1, and he had severe hypoxic ischemic encephalopathy. Due to the hours of oxygen deprivation, Gerald sus- tained profound brain damage, global developmental disabilities, motor de- lays, spastic cerebral palsy, speech and language impairment, cortical blind- ness, profound intellectual disability, epilepsy, and dysphagia/feeding diffi - culties requiring a gastrostomy tube. He will require nursing care and supervision 24 hours per day for the rest of his life, with a life expectancy of over 70 years ($73,000,000-$85,000,000 PCV future medical and caretaking expenses). Pltf argued Dr. McCammon-Chase should have delivered the baby before August 16, Nurse Walker was negligent in fail- ing to convey the fetal monitor results to Dr. McCammon-Chase or any of the obstetricians on duty, Kolenskyj failed to timely inform deft radiologist Dr. Gast of the ultrasound results, Dr. Gast deviated from the standard of care if he was giv- en the results, the hospital was liable as an institution if it had a policy that man- dated sonographers could only report results to radiologists, and Gerald’s inju- ry would have been prevented if he had been delivered before the bradycardia event at 3:38 pm. The defense for the hospital contended the baby’s injuries occurred before the mother’s August 16 admission, Dr. McCammon-Chase should have done the delivery before August 16, Gerald’s life expectancy was only around 30 years, and the life care plan was $15,000,000-$18,000,000. Dr. McCammon-Chase claimed the induc- tion/delivery was appropriately sched- uled for August 18 and Nurse Walker never contacted her about the abnormal monitor results until 2:47 pm on August 16. The defense for Dr. Gast and his em- ployer (deft Metropolitan) maintained he was not provided the ultrasound findings until 3:14 pm, he completed his review of the profile by 3:27 pm, and he immediately contacted labor/ delivery staff which started the delivery
Sarah F. King Sarah is a medical malpractice attorney known for her record-setting case results and unwavering dedication to justice. She has secured numerous multi-million- dollar verdicts and settlements for clients harmed by medical negligence and wrong- doing, particularly on behalf of injured women and children. A former president of the Women’s Bar Association of Illinois and current chair of its political action committee, WILPOWER, Sarah is a pas - sionate advocate for women’s rights and the promotion of equality and account- ability in healthcare.
Charles R. Haskins Charles R. “Chuck” Haskins concentrates his practice on medical malpractice, prod - ucts liability, and premises liability litiga - tion, representing clients with catastroph - ic injuries. Known for his calm, methodical approach, Chuck is deeply committed to guiding clients through their most difficult moments. Throughout his career, he has achieved numerous record-breaking ver- dicts and settlements, demonstrating his tenacity in the courtroom and his unwav- ering commitment to securing results for those in need.
78 JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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