$55.5 million verdictVerdict

Cook County Jury Awards $55.5 Million Over Birth Injury at University of Illinois Hospital

Verdict · Circuit Court of Cook County, Illinois (Daley Center), Chicago · 2023

Won by Beam Legal Team LLC.

A Cook County jury awarded Shamond Butler $55.5 million after finding that doctors at University of Illinois Hospital caused severe, permanent brain damage during his April 2003 birth. The suit centered on a delayed response to his mother's high-risk labor and the mismanagement of Pitocin, which cut off his oxygen supply. Butler, who was 20 at the time of trial, functions at the cognitive level of a toddler and requires round-the-clock care. The jury returned its verdict on October 11, 2023, and no appeal has surfaced in coverage since.

What happened

Shannette Slater was admitted to University of Illinois Hospital in Chicago on April 12, 2003, to give birth to her son, Shamond Butler. Her pregnancy was high-risk. She had gestational diabetes and asthma. According to her son's trial counsel, the attending physician did not see her for six to seven hours after she was admitted.

Her care in those hours fell to a fellow-in-training, Dr. Monique Schoenhage (then known as Monique Brown), and a resident-in-training, Dr. Michelle Kominiarek. Neither was board-certified at the time. Doctors gave Slater Pitocin, a drug that brings on contractions. According to the complaint, it cut off the oxygen supply to her baby before birth, and Butler developed fetal tachycardia, an elevated heart rate in utero. The plaintiff's case at trial was that the doctors should have stopped the Pitocin immediately and treated Slater with antibiotics, and that the hospital had not given the two trainees the staffing, training and resources they needed.

Slater eventually underwent an emergency cesarean section. Her son needed to be intubated about five hours after birth and spent eight days on life support in the hospital's newborn intensive care unit. He survived, but the oxygen deprivation during labor left him with severe, permanent brain damage.

Butler was 20 years old at the time of the verdict. According to his lawyer and reporting on the trial, he functions at roughly the cognitive level of a two-year-old. He cannot speak, cannot read, and cannot understand basic safety on his own. He requires round-the-clock care and will for the rest of his life.

The complaint was filed in the Circuit Court of Cook County in 2017. Schoenhage and Kominiarek were named as defendants, and the University of Illinois Hospital and Health Sciences System was named as a respondent. Matthew Patterson represented Butler at trial before Judge Janet Brosnahan at the Daley Center. After a three-week trial, the jury returned a verdict of $55.5 million on October 11, 2023.

The hospital did not concede fault. In a statement after the verdict, a spokesperson for University of Illinois Chicago said the university empathized with the family and respected the legal process, and had 'full confidence in the care provided at our hospital and clinics.' Illinois does not cap medical malpractice damages: the state supreme court struck down the state's malpractice damages cap in 2010, so the jury's award was not subject to a statutory reduction.

No appeal of the verdict has surfaced in news coverage in the years since.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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