By Damian D. Capozzola, Esq., and Jamie Terrence, RN
News
In a verdict underscoring both the effects of obstetrical malpractice and the breadth of damages Illinois juries may award in wrongful death cases, a Macon County jury has returned a $17.1 million judgment in favor of a family whose infant son died nine months after a traumatic delivery. The verdict, issued in July 2023, found both the delivering obstetrician and the women’s health clinic where he practiced liable for medical negligence in managing the pregnancy, labor, and delivery.
The child, born in May 2018, experienced a catastrophic brain injury linked to delays in delivery and oxygen deprivation during labor. He ultimately passed away in February 2019 after months of suffering, repeated hospitalizations, and failed attempts at medical intervention. Jurors awarded $7.1 million for the child’s injuries, including pain and suffering, emotional distress, and loss of a normal life. They awarded an additional $10 million to the child’s parents for their own emotional suffering and grief.
This case offers a powerful reminder of the role juries play in assigning value to human loss and the broad discretion they have to do so. It also highlights important strategic considerations, including the use of respondeat superior to extend liability to institutional defendants.
Background
In 2018, the plaintiffs, a married couple from Illinois, were expecting their first child after more than a year of trying to conceive. The pregnancy initially was routine, but complications developed in the third trimester. By March, the mother was diagnosed with gestational hypertension. In early May, she was diagnosed with preeclampsia after several concerning blood pressure readings and hospital visits.
On May 3, the mother was induced into labor. According to the complaint, fetal heart monitoring by that afternoon showed clear signs of “fetal intolerance of labor,” indicating the baby was not receiving adequate oxygen. The obstetrician overseeing the labor did not intervene or alter the treatment plan at that time. Hours later, the baby was delivered vaginally but was unresponsive. It reportedly took approximately 15 minutes of resuscitation efforts to establish breathing. The newborn was soon diagnosed with fetal hypoxemia and was transferred to a specialty hospital, where he was placed on a ventilator.
In the weeks that followed, the child was found to have experienced a brain injury consistent with oxygen deprivation. He experienced seizures, feeding complications, and respiratory distress. A feeding tube was later placed, but he continued to struggle with vomiting and was unable to thrive. In early 2019, physicians at a children’s hospital in Chicago recommended palliative care, warning that the infant would otherwise require repeated painful interventions throughout his life. He died in February 2019 at just 9 months of age.
The plaintiffs filed suit against the delivering physician and the women’s health clinic where he practiced. The complaint alleged that the physician failed to timely induce labor in light of the gestational hypertension and later failed to perform a timely delivery once fetal distress became apparent. The plaintiffs asserted claims for medical negligence and wrongful death, citing both prenatal management and labor and delivery decisions as causes of the child’s suffering and ultimate death.
At trial in Macon County Circuit Court, the plaintiffs presented evidence of deviations from standard obstetric care, including expert testimony that the child’s injuries were preventable with earlier intervention. The jury heard about the baby’s struggles in the months before his death, including repeated seizures and the need for in-home hospice care.
In July 2023, the jury returned a verdict in favor of the plaintiffs. The child’s estate was awarded $7.1 million for pain and suffering, emotional distress, loss of a normal life, and medical expenses. The parents were awarded $10 million for their own grief and emotional trauma. The total judgment exceeded $17 million.
The physician’s employer, a regional women’s health clinic, also was named as a defendant and held jointly liable under the doctrine of respondeat superior.
What This Means for You
Preeclampsia is a medical emergency for both the mother and fetus. In every state, American College of Obstetricians and Gynecologists guidelines and standards of care require continual monitoring and multiple interventions to assure the safety of both patients. Obstetrical unit staff have a responsibility to use the organization’s chain of command if the attending physician, whether obstetrician or family practice physician, does not meet these guidelines or standards. This was a high-risk pregnancy well before labor began, and the lack of effort to mitigate harm by all involved cannot be condoned. Every healthcare organization that provides obstetrical services should review their training program with their obstetrical staff to assure that everyone is trained to read fetal monitoring strips, interpret the results, and notify physicians within a specific timeframe. The staff also should be trained in the use of the chain of command within that healthcare organization. They should be comfortable using it 24 hours a day regardless of their particular role within the organization.
The $17.1 million verdict in this case highlights a foundational truth about American tort law: When the facts are tragic enough, and the plaintiff is sympathetic, juries have wide discretion to award substantial damages. Here, the loss of an infant after a months-long struggle, paired with credible evidence of medical negligence, led jurors to issue one of the largest malpractice verdicts reported in Macon County in recent years.
The award was split into two major components: $7.1 million for the deceased child’s estate and $10 million for the parents’ emotional distress and grief. Both categories are legally permissible and sometimes misunderstood. Under Illinois law, as in many states, a jury may award damages for the pain and suffering of someone who dies, including an infant. The child’s estate also can recover for “loss of a normal life,” which reflects the fact that the child never had the opportunity to grow up or experience a full range of life’s experiences. These damages are meant to recognize the child’s suffering and deprivation, even in the absence of direct testimony from the victim.
The $10 million awarded to the child’s parents is significant as well. While grief damages for surviving family members are not uncommon in wrongful death cases, especially involving children, this number stands out in size. Illinois law permits juries to award compensation for the emotional suffering and loss of society experienced by the next of kin. In this case, the jury clearly found the parents’ loss compelling and likely saw their emotional testimony as genuine and heartbreaking.
Grief awards of this magnitude may not be routine, but they are not legally capped in Illinois. When jurors are presented with a sympathetic story, they have considerable leeway in deciding what amount reflects the magnitude of a family’s loss. In cases involving newborns or infants, the emotional effects on the parents often resonate more deeply with juries, given the profound expectations attached to childbirth and parenthood. This case is a reminder that damages in such situations may be driven as much by emotion as economics.
The award for the deceased child included compensation for “pain and suffering,” “emotional distress,” and “loss of a normal life.” These are all distinct legal categories, and they each point to different aspects of the decedent’s experience. Pain and suffering refers to physical discomfort and anguish prior to death. Emotional distress can encompass fear, confusion, or anxiety endured during the medical crisis. And loss of a normal life attempts to quantify the deprivation of life’s expected experiences.
It is important to understand that these damages can be awarded even to young children or infants, and juries are not limited to economic losses like medical bills or funeral costs. Even brief or impaired lives are valued by courts, and juries are allowed to assess that value based on common sense and their sense of justice.
This case also demonstrates the importance of naming an institutional defendant in addition to the individual physician. The clinic where the obstetrician practiced was included as a co-defendant under the doctrine of respondeat superior, which holds employers vicariously liable for the actions of their employees.
For plaintiffs, naming the employer increases the chances of financial recovery. Medical practices, clinics, and hospitals are more likely to have deeper pockets and professional liability insurance capable of covering a multimillion-dollar verdict. From a litigation strategy perspective, this is routine and necessary in serious injury or death cases.
For defense counsel and institutional clients, it also highlights why policies around supervision, risk management, and documentation matter. Even if the institution itself did not act negligently, it still can face full liability if its employees are found at fault.
This case is a reminder of both the unpredictability and the weight of jury verdicts in medical malpractice litigation. Although $17 million may seem extraordinary, under the law, it is not outside the realm of possibility. In the absence of damage caps or other statutory limits, juries are entrusted to determine value, especially in cases involving profound loss. Whether you are a healthcare provider, attorney, or insurer, understanding how and why such verdicts happen is essential to evaluating both exposure and trial strategy.
Damian D. Capozzola, Esq., The Law Offices of Damian D. Capozzola, Los Angeles
Jamie Terrence, RN, President and Founder, Healthcare Risk Services, Former Director of Risk Management Services (2004-2013), California Hospital Medical Center, Los Angeles
Reference
- Decided on July 29, 2025, in the Circuit Court of Macon County, Illinois, Case No. 2020L00051.
In a verdict underscoring both the effects of obstetrical malpractice and the breadth of damages Illinois juries may award in wrongful death cases, a Macon County jury has returned a $17.1 million judgment in favor of a family whose infant son died nine months after a traumatic delivery.
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