$17.1 Million Jury Award in Illinois Birth Injury Case

An Illinois jury has awarded $17.1 million to the family of Oliver Bayless, an infant who died at nine months old from catastrophic injuries sustained during birth. The lawsuit, filed by parents Colton and Hannah Bayless, alleged that their obstetrician, Dr. Derin Rominger, and Women’s Health Care Specialists of Decatur LLC failed to properly manage Hannah’s pregnancy, labor, and delivery in May 2018.

By March 2018, Hannah was diagnosed with gestational hypertension, and in early May, another physician diagnosed her with preeclampsia. On May 3, labor was induced, but fetal monitoring later showed signs of distress. According to court filings, Dr. Rominger did not intervene despite evidence of inadequate oxygen levels. Oliver was delivered vaginally that evening, requiring 15 minutes of resuscitation.

He was later diagnosed with a severe brain injury and endured months of medical complications, including seizures and feeding difficulties, before his death in February 2019.

The Trial

The trial began July 12 in Macon County Circuit Court. Jurors found both Dr. Rominger and the clinic liable for Oliver’s death. The award included $7.1 million for Oliver’s pain and suffering, emotional distress, loss of a normal life, and medical expenses, and $10 million to Colton and Hannah Bayless for their grief and suffering.

Lead trial attorney David Axelrod of Coplan & Crane stated, “His resulting suffering and death were the tragic and needless result of Dr. Rominger not doing his job.” Fellow attorney Ted Jennings added that the verdict “means the world to Hannah and Colton that the jury stood with them on behalf of Oliver.”

The Allegations

The Bayless family alleged that Dr. Rominger failed to deliver the baby early despite the risks posed by gestational hypertension and did not take timely action when fetal distress became evident. Medical records and testimony described a lack of intervention even when fetal monitoring showed oxygen deprivation.

After his birth, Oliver required extensive medical care, including hospitalization, ventilator support, and a feeding tube. By January 2019, physicians recommended palliative care, citing the need for multiple painful procedures if he survived.

Damages and Implications

The substantial verdict reflects the jury’s recognition of both the emotional and physical toll of the incident. In addition to the non-economic damages for grief and suffering, the award accounted for medical costs and Oliver’s diminished quality of life. The ruling underscores the potential exposure medical providers face when labor complications are not addressed promptly.

What’s Next?

The defense may pursue post-trial motions or an appeal. However, absent a reversal, the verdict stands as one of the larger recent Illinois awards in a wrongful death claim tied to alleged obstetric negligence.

The case, Bayless et al. v. Rominger et al., No. 2020-L00051, illustrates the significant legal and financial consequences that can arise when prenatal warning signs and delivery complications are not acted upon in time.