Family settles lawsuit in birth

Pennsylvania - New Jersey - New York - Nationwide

Doctor and hospital to pay $11.5 million for botched delivery

December 7, 2007

The parents who sued Northwestern Memorial Hospital and a doctor after their child suffered brain damage from what they said was a botched delivery have agreed to accept an $11.5 million settlement, their attorney said Thursday.

The brain damage and subsequent cerebral palsy of the boy, Joshua, was the direct result of decisions made by doctors and staff, according to Stefanie and Mark Radis' attorney, David Barry of Corboy & Demetrio.

Doctors and nurses attempted to deliver the baby May 16, 2003, using a vacuum extractor, the law firm said in a statement. The vacuum was removed after eight minutes "because the doctor believed that with one or two more pushes, the baby would be delivered," the release said.

Instead, it wasn't until the 15th push more than a half hour later that the baby was born. By that time Joshua had suffered brain damage, according to the release.

The doctor, Dr. Lauren F. Streicher, said she was legally prohibited from commenting, adding that to do so would violate privacy law. Kris Lathan, a spokeswoman for Northwestern Memorial Hospital, confirmed the settlement but declined to comment further.

The settlement will pay for the boy's medical care, therapy and an aide that would allow him to go to school, Barry said.