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Aurora woman settles for $15 million in hospital malpractice suit

May 23, 2008 | Associated Press | Chicago Tribune

An Aurora woman whose child suffered brain damage at birth in a Sandwich hospital six years ago settled a malpractice suit Tuesday against the doctor, hospital and staff for $15.35 million.

Her attorneys said it is one of the largest settlements of its kind in the state.

Vanessa Jenkins delivered her son, Cody Smithey, at Valley West Community Hospital in October 2001.

Her attorneys said her labor was uneventful until Dr. Martin Brauweiler began using a vacuum extractor device, employing it 18 times in a 50-minute period without success. Jenkins, now 26, had to undergo an emergency Caesarean section-performed by another doctor-after Cody's fetal heart rate showed he was in distress, the suit alleged.

Jenkins' lawyers at Salvi, Schostok & Pritchard said the boy suffered cerebral palsy and mental retardation as a result of medical negligence.


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