Housen vs. The University of Chicago, Hospitals, et al.

Case Background

The Birth Injury lawsuit, filed on February 1, 2019, by Plaintiffs Hannah Housen, Jamel Housen, and Tanita Housen, took place in the Illinois State, Circuit Court of Cook County (Case number: 19 L 1132). Judge Brendan A. O’Brien presided over the case.

Cause

On February 12, 2018, Tanita Housen arrived at the University of Chicago Hospital to give birth to twins. The delivery team included Dr. Perpetua Goodall and a fourth-year resident. The first twin, Nasir, was born without complications, which seemed promising. However, complications arose with the second twin, Hannah. She had not engaged in the pelvis, so the team attempted to turn her.

During this procedure, Tanita experienced extreme pain and screamed despite pain medication. This distress should have alerted the team. When the resident struggled, Dr. Goodall took over. Unfortunately, she accidentally fractured Hannah’s arm during this intervention.

When Hannah was born, her condition was critical. She was blue, indicating severe oxygen deprivation, and in shock. Most alarmingly, she could not breathe on her own. The team performed extensive resuscitation, including intubation. After these measures, Hannah was transferred to the NICU with a diagnosis of hypoxia.

A CT scan revealed extensive brain bleeding, leading to emergency surgery to remove part of her brain. Despite this, another CT scan showed worsened bleeding, requiring another surgery.

Injuries

Hannah’s hospital stay lasted over two months. She was diagnosed with severe brachial plexus nerve injuries, impairing her left arm. Additionally, she suffered shoulder fractures, compromising her upper body mobility. The most severe injuries were to Hannah’s brain. Trauma and hypoxia during birth caused permanent brain injuries. These injuries profoundly affected her development and capabilities.

Today, Hannah’s long-term injuries are evident. Her left arm is non-functioning, limiting her independence. She requires braces to walk, indicating significant mobility impairment. Most concerningly, her academic and cognitive skills are well below average. Her brain injuries have affected her intellectual development and learning abilities.

Damages

Plaintiffs sought compensation for past and future pain and suffering, loss of a normal life, medical bills, emotional distress, disfigurement, and future loss of earnings.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Hannah Housen | Jamel Housen | Tanita Housen
    • Counsel for Plaintiff: Matthew L. Williams| Patrick A. Salvi | Heidi L. Wickstrom
  • Defendant(s):The University of Chicago Hospitals and Health System d/b/a The University of Chicago Medical Centre | Perpetua T. Goodall M.D.  | The University of Chicago Women’s Specialty Practice
    • Counsel for Defendants: Marilee W. Clausing | Katherine L. Dzik | Matthew J. Kaminski 

Key Arguments or Remarks by Counsel

“By trying to turn Hannah from head down to breech, and by also not performing that maneuver carefully, Hannah was exposed to unnecessary injury and harm that would have been avoided if mom pushed Hannah like her brother Nasir.  As a result, Hannah suffered a severe injury to her brachial plexus nerves and permanent brain damage to several areas of her brain that will affect all aspects of her life moving forward.  The gap between Hannah and her brother and peers will only grow and become more evident as she ages,” Plaintiff’s attorney Matthew L. Williams said.

“The Housen family has endured so much pain and suffering over the past 6 years. We are thankful the jury recognized the gravity of Hannah’s physical and mental injuries and awarded her the ability to seek 24-hour monitoring and one-on-one medical care for the rest of her life, which she fully needs and deserves,” Plaintiff’s attorney Patrick A. Salvi II said.

Claims

The complaint alleged medical negligence, asserting the obstetricians acted negligently and medical malpractice by:

  • Attempting to turn Hannah without a medical indication.
  • Not properly supervising the resident physician during the procedure.
  • Applying excessive force during delivery, leading to Hannah’s injuries.

Additionally, the Housens alleged a violation of the Family Expense Act, allowing recovery of medical expenses for their injured child

Defense

The University of Chicago Hospitals mounted a vigorous defense, focusing on:

  1. Disputed Timing: Challenging the timing and sequence of events to cast doubt on the causal link between actions and Hannah’s condition.
  2. Appropriateness of Procedure: Arguing that turning Hannah was medically appropriate and within the standard of care.
  3. Alternative Cause of Injury: Proposing that Hannah’s brain injury resulted from decreased blood flow due to a fetal-maternal hemorrhage, not trauma and hypoxia.
  4. Extent of Injuries: Disputing the extent of Hannah’s injuries, suggesting her prognosis was more optimistic or impairments less severe than claimed.

Jury Verdict

On February 26, 2024, a Cook County jury awarded Hannah $75,859,000. This amount covered past and future pain and suffering, loss of a normal life, medical bills, emotional distress, disfigurement, and future loss of earnings.

Court Documents:

Available Upon Request