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In a unanimous decision handed down Friday evening, the jury found in favor of Chad and Amy Jelinek, who claimed their son’s brain injuries were caused by negligent care by a Gundersen Lutheran Medical Center nurse midwife and nurse during delivery on Aug. 7, 2005.
The jury found that Glenda Pinkham, a certified nurse midwife, and Michelle Dwyer, a registered nurse, were responsible but cleared Dr. Shannan Stephens of any wrongdoing.
In their 2006 suit, the Jelineks claimed hospital staff “failed to act appropriately and to deliver Laine in a timely fashion” and argued that Pinkham misread fetal monitoring strips that showed the baby was stressed and that she should have called in Stephens when the delivery was not progressing as it should have.
During the three-week trial, the jury heard testimony from experts who gave differing opinions on the quality of care and whether it played a part in injuries that left Laine Jelinek with cerebral palsy and in need of constant care.
Jeff Goldberg, who represented the Jelineks, said he is convinced the outcome would have been different with better care.
“The family was relieved to see that those responsible for Laine having this severe debilitating condition are being held responsible,” Goldberg said.
In a prepared statement, Gundersen Lutheran noted the family has gone through a difficult time but said it stands behind the care provided.
“Over the past few years, we’ve had millions of patient encounters at Gundersen Lutheran and delivered thousands of babies, and like every other health care organization we’ve had some unanticipated outcomes,” the statement read. “We pride ourselves on our transparency and readily admit it when an unanticipated outcome occurs. We talk about them, we investigate them and we learn from them to help prevent them from occurring again. But in this case, we believe the care was appropriate.”
The hospital said it is evaluating whether to appeal the jury’s decision. The hospital’s attorney, William Bauer, did not comment but said the case remains in litigation with additional motions to be heard before it is resolved.
James R. Gutglass, who represented Pinkham, did not return a phone call to his Milwaukee office Wednesday.
The jury awarded the Jelineks $310,369 for past medical and health care expenses; $5 million for future care; $387,000 for Laine’s loss of earning capacity; $3.25 million for Laine’s past and future pain, suffering and disability; and $2.5 million for the parents’ loss of society and companionship.
“This is not an award,” Goldberg said. “This is barely compensation. But it will change Laine’s life and make the family’s life reasonable.”
