Professional Negligence Law Reporter

Muhammad v. Northwestern Mem’l Hosp., No. 2012-L-012174 (Ill. Cir. Ct. Cook Cnty. Sept. 25, 2018).

Angie Muhammad had a long history of mental health issues and used birth control inconsistently. A resident at Northwestern Memorial Hospital’s outpatient clinic prescribed Depakote to treat Muhammad’s unstable mental condition. Shortly after, she reported that she might be pregnant; however, a pregnancy test was negative.

Muhammad continued taking the drug for approximately four months and then again told the resident that she might be pregnant. Nine days later, the clinic ordered a pregnancy test, which was positive. Muhammad discontinued taking Depakote. Muhammad’s son, now 12, was born with spina bifida, hydrocephalus, and other brain injuries. Muhammad, her husband, and their son filed suit against Northwestern, alleging improper prescription of and failure to discontinue Depakote, which is contraindicated for patients who could become pregnant. The plaintiffs also alleged that the defendant failed to timely perform the second pregnancy test.

The jury awarded $18.5 million.

Plaintiff counsel: AAJ members Marvin Brustin and Milo Lundblad, both of Chicago.

Plaintiff experts: David Gibson, economics, George Siegel, neurology, and Pam Chwala, nursing, all of Chicago; and Amy Davis, neuropsychology, Hoffman Estates, Ill.

Defense experts: Tom Donley, economics, Chicago; and Susan Combs, life care planning, Vail, Colo.