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Judge Awards Five-Year-Old Boy $35 Million

Boy Born With Brain Damage

Feb 21, 2004 | AP
Child in ICU

A Five-Year-Old Chicago Boy With Severe Brain Damage.

A Cook County judge awarded a five-year-old Chicago boy with severe brain damage a $35 million settlement Saturday in a medical malpractice lawsuit.

The lawsuit was filed against two practice groups, who employed the anesthesiologist and obstetrician, and Northwestern Memorial Hospital, which employed a resident.

Caesarean section was not performed quickly enough

They alleged a Caesarean section was not performed quickly enough on Evelyn Arkebauer in 1998.

As a result, Andrew was born with brain damage and can't talk or walk.

An attorney said the anesthesiologist didn't answer his pages promptly, and an off-duty nurse testified the anesthesiologist was with her in another room and was paged twice before responding to a third page.

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