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Clifford Law Offices Obtains Record Verdict for Miscarriage

Clifford Law Offices’ partner Bradley M. Cosgrove obtained a $5.2 million dollar verdict on July 5, 2022, on behalf of a family for the loss of a fetus of 16 weeks gestation. The nine-man-three-woman jury deliberated two hours before reaching the record verdict in a miscarriage case. The previous record was $5 million obtained in 2005 for a one-month fetus.

The trial, which took place in the Circuit Court of Cook County before Judge Israel Desierto, spanned two weeks.

The plaintiff had a positive pregnancy test on Oct. 29, 2015, two years after undergoing a sterilization procedure called Adiana. A first-trimester ultrasound was performed by Dr. Shamin Patel of Adventist Health Partners on Nov. 12, 2015, where the mother was told that the baby did not have a heart beat and she had miscarried. A dilation and curettage procedure was scheduled six days later.

During the dilation and curettage procedure, Dr. Patel testified something did not feel right, which caused her to call in an ultrasonographer for guidance. The ultrasonographer immediately discovered a heartbeat and live 13-week-old baby, so the procedure was aborted. The mother experienced a spontaneous rupture of membranes approximately three weeks later on Dec. 5, 2015, due to a uterine infection caused by the dilation and curettage procedure.

The plaintiff proved at trial that the defendant physician violated the standard of care in her performance and interpretation of the Nov. 12, 2015, first-trimester ultrasound. Specifically, the plaintiff proved that the physician actually measured the umbilical cord, and not the fetus itself, and negligently diagnosed a miscarriage.

“The jury carefully considered the facts and deliberated to reach the right and just decision,” Cosgrove said. “The negligence here was compounded by medical professionals who refused to take responsibility for their wrongful actions.”

The plaintiff was also represented by Clifford Law Offices’ associate Charles R. Haskins.

Defense Counsel:

  • Susan Hannigan
  • Brad Schneiderman
  • Johnson and Bell