A Chicago-area mother and child have won a medical malpractice suit claiming the errors of hospital staff left the boy severely brain-damaged. The final award will amount to $50 million.

Award of $101 million halved by agreement

The Cook County jury awarded the family $101 million although the actual award was limited to $50 million. Before the verdict, the mother, hospital and their attorneys agreed to cap any award in exchange for the hospital agreeing not to appeal.

Although the boy is 5 years old, he is unable to speak, sit up or take care of any of his basic needs. His mother says all he does is smile and laugh. Experts believe he will live a normal life span.

She took care of him for four years until her finances forced her to place him a facility caring for people with disabilities. The deal made before the verdict cuts the award in half, but by not having to fight an appeal, the boy can come home quickly, live with his mother and still get proper care for the rest of his life.

She told reporters, “He will now be able to come back to live with me at home. He’s all I got and I’ve got to go to him now and tell him that everything will be all right.”

Woman’s concerns and test results both ignored, jury finds

The woman went to the hospital 8 months and 2 weeks into her pregnancy, concerned that the baby seemed to be no longer moving and that something “was not right.”

According to the findings of the jury, the hospital staff did not call a doctor and ignored ultrasound and monitoring strips for 6 hours while the baby did not move and went without enough oxygen. Experts told the court the boy would not have brain damage had the hospital performed a cesarean section right away.