MADISON — A medical malpractice lawsuit brought against the Monroe Clinic and obstetrician Dr. Thomas Ehle has been settled in federal court for $13 million, according to court records.
The suit was brought in behalf of Cortney Kaiser, of Lena, Ill., who gave birth to a boy at the clinic’s hospital in September 2016. Kaiser’s labor was induced and she alleged that negligence by Dr. Ehle and nurses during the delivery resulted in severe and permanent injuries to her son, Colton Babler.
According to documents filed with the court, in agreeing to settle, none of the defendants admitted to any wrongdoing and neither the clinic nor its insurer are contributing to the settlement. Dr. Ehle’s insurer is paying $1 million toward the settlement and the remainder is to be paid by the Injured Patients & Families Compensation Fund.
The IPFCF is administered by the state Office of the Commissioner of Insurance to provide excess medical malpractice coverage to Wisconsin health care providers, and to ensure that funds are available to compensate injured patients.
The suit was initially filed on April 4, 2018, in federal court in Rockford, Ill., but was subsequently transferred to federal court in Madison and set for trial in August 2020 prior to the suspension of jury trial due to the coronavirus pandemic.
Kaiser began getting prenatal care from medical staff, including Dr. Ehle, at the clinic’s Freeport, Ill. Highland Women’s Health Clinic.
On Sept. 21, 2016 Kaiser was more than 41 weeks pregnant and was admitted to the Monroe Clinic to induce labor. Dr. Ehle was the attending physician. Kaiser gave birth vaginally on Sept. 24, 2016 but in an emergency procedure in which there was difficulty in delivering the baby’s shoulders.
Hours later, Kaiser was transferred to Rockford Memorial Hospital.
Had the suit gone to trial, Kaiser’s medical experts would have testified that Colton would have a life expectancy of about 30 years as a result of his cerebral palsy and Lennox-Gastaut Syndrome, a type of epilepsy, caused by delivery procedures used at the clinic.
An expert for Kaiser claimed their client should have delivered by Caesarian section and medical staff were negligent for not performing it.
The defendants denied all allegations of negligence and failure to render reasonable standard of care expected of medical professions.
Defendants contend that Kaiser should have requested a C-section. They also contended that Colton’s injuries were caused before birth.
An obstetrician, James Green, testified in a pre-trial deposition that the induction of labor and administering drugs including Pitocin, Oxytocin and Cytotec increased the risk of fetal injury.
The nurses and Ehle were obligated to manage the increased risks related to the drugs that were administered. Pitocin and Cytotec, for example, increase uterine contractions, which if are too long or close together, can deprive a fetus of oxygen.
In allowing would-be jurors to hear Green’s testimony, District Judge James Peterson wrote:
“Defendants are correct that the increased risks alone did not cause C.B. any injury. But that provides no basis to exclude Green’s testimony about the risk of adverse effects. According to Green, the potential adverse effects of these interventions actually occurred during Kaiser’s labor. Part of Green’s theory of negligence is that defendants failed to take appropriate steps in the face of those well-known risks.”
Failure to manage risks meant the medical staff, the suit alleged, fell below the reasonable standard of care which is the legal threshold in a medical malpractice suit.
Peterson approved the settlement Wednesday as required when a minor is involved.
Under the settlement terms, Kaiser’s attorneys, Coplan & Crane, of Oakbrook, Il., are to receive $2.733 million plus reimbursement of expenses of $288,522. The Illinois Department of Human Services has a lien on this case in the amount of $109,920 and Meridian Health Plan of Illinois has a $7,515 lien on this case, leaving Kaiser the balance of $9.86 million.
Monroe Clinic issued a statement in response to a request for comment.
“Monroe Clinic providers and staff are committed to providing exceptional health care services and outstanding patient care. We sympathize with this family and have great compassion for what they are dealing with. However, we cannot comment on individual patient care or legal matters,” wrote Laura Lippold, manager of Marketing & Communications for SSM Health-Wisconsin and the Monroe Clinic.
A call to Ben Crane, of Coplan & Crane, wasn’t returned before deadline.