Michael Barry assisted by Brian Rocca successfully defended two obstetricians in Cook County
Lead counsel Michael Barry assisted by Brian Rocca successfully defended two obstetricians in a 3.5 week jury trial in Cook County. These obstetricians, along with a maternal fetal medicine physician and six labor and delivery nurses, were accused of causing the extreme, premature birth of twins at 24 weeks of pregnancy by ordering/administering an antibiotic to which the mother had a known allergy to in the form of a prior skin rash. The mother went on to suffer a delayed allergic reaction to the antibiotic, which plaintiff claimed resulted in the onset of preterm labor. One twin died within a month after delivery and the surviving twin is now 11 years of age with claimed severe, permanent neurological and developmental injuries. The plaintiff requested in total over $29,000,000 in damages. Mike and Brian successfully argued that the giving of the medication was reasonable under the circumstances to best protect the fetuses from an ascending infection and that the allergic reaction did not cause the mother’s preterm, premature labor.