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Boy gets $2.35M for birth injury


May 9, 2008

A jury has awarded $2.35 million to a 4-year-old Waukegan boy as compensation for a permanent shoulder injury he suffered at birth.

According to attorney Joe Kolar, the boy suffered severe nerve damage causing permanent disability while at Vista Medical Center East in 2004.

On Wednesday, a Lake County jury found that Dr. Pankaj D. Thaker, who now lives and practices obstetrics in California, was responsible for pulling too hard on the boy's head and neck when his shoulder became stuck on the mother's pubic bone.

The lawsuit also named Thaker's former employer, Greenleaf Obstetrics and Gynecology Associates in Gurnee.

"The money is fine, but it is still not fair," said the boy's mother, Silvia Cortez. "The doctor made a mistake and should be punished for it."

Since suffering the injury, the boy has undergone two shoulder surgeries at Children's Hospital of Wisconsin and several physical therapy sessions.

Cortez said her son may need additional surgery later this year.

"The award will provide for the physical and occupational therapy the child needs for the remainder of his life," Kolar said. "The jury verdict will help pay for any future surgeries he may need and compensate him for the pain and suffering he will experience for the rest of his life."