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Malpractice trial favors plaintiffs

Oct 23, 2007 | Steve Horrell | Edwardsville Intelligencer

The mother of a girl who was permanently injured at birth nine years ago was awarded $200,000 by a Madison County jury.

Jurors reached the verdict Friday afternoon following 5 1/2 hours of deliberation. They had deliberated for 2 1/2 hours on Thursday before Circuit Judge Andy Matoesian sent them home for the night.

Judy Thiel's attorney, David Dammick, did not seek a specific dollar amount during his closing arguments on Thursday but suggested a compensation package that totaled $1.2 million.

Throughout the three-day trial, Dammick and defense attorney Ransom Wuller argued about whether Maryville obstetrician Tina Gingrich caused Madelyn Thiel's injuries during the birth at Anderson Hospital on Aug. 15, 1998.

Judy Thiel entered the hospital 14 days past her due date and eventually developed a complication known as shoulder dystocia in which the baby's head is delivered but a shoulder becomes stuck in the birth canal. Dammick argued that Gingrich didn't anticipate such a complication and wasn't prepared to deal with it. Gingrich, he said, caused the damage by pulling too hard on the baby's dead during delivery.

Gingrich denied that she used excessive force. Wuller said that during the labor and delivery she never deviated from the standard of care expected of physicians.

The injury left Madelyn Thiel with damage to her shoulder and limited use of her right arm.

Judy Thiel and her husband, Scott Thiel testified at the trial, as did Madelyn Thiel.

Gingrich testified on Thursday morning.