Woman settles for $15 million in birth malpractice suit

Jenny Albano

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A woman from Aurora, whose child suffered extensive brain damage during birth six years ago, settled a malpractice lawsuit for $15.35 million against the doctor, hospital, and staff.  This is one of the largest settlements of its kind in Illinois.

Vanessa Jenkins gave birth to her son Cody Smithey at Valley West Community Hospital in October 2001.  According to the suit, the labor was going along fine until Dr. Martin Brauweiler started using a vacuum extractor device.  The doctor used the device a total of 18 times in just a 50-minute period without successful results.

 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.