Keith A. Hebeisen, partner at Clifford Law Offices, obtained yesterday (Tuesday, Oct. 2, 2007), a $12 million verdict against a DuPage County doctor on behalf of a boy who was brain damaged at birth due to a delayed cesarean section delivery. It is believed to be a record verdict in a medical malpractice case in DuPage County, the previous high being $6 million.
Benjamin Hayes, now seven years old, has normal intellect but has no control over his limbs. He also has difficulty eating and requires tube feedings. He will be in a wheelchair the rest of his life and requires round-the-clock care.
Benjamin was delivered by crash emergency C-section after doctors at Central DuPage Hospital waited too long to deliver him. Experts said Benjamin would otherwise have been a healthy child.
The verdict was against Dr. Steven Armbrust, the family practitioner who was actively involved in the care and delivery of the infant, and his previous medical partnership, Burandt & Armbrust LLP in St. Charles.
“The story of Benjamin Hayes is a tragic one, and one that the jury understood,” Hebeisen said after the verdict. “This child is expected to live a normal life span with full cognitive skills, yet he is forced to physically suffer injuries that could have been avoided. He deserved a better life than that. This verdict will provide him with the care that he requires.”
Hebeisen tried the case before Judge Hollis Webster. The five-man-seven-woman jury deliberated six hours before reaching its verdict Tuesday.