Judge Nudelman Settles Highest Birth Injury Case in Illinois for $35M

ADR Systems


Hon. Stuart A. Nudelman, (Ret.), senior mediator and arbitrator at ADR Systems, settled a $35 million birth injury case involving a child born with catastrophic brain injuries at an Illinois hospital.

“This was a very difficult, emotionally-charged case with great attorneys representing both sides who worked very hard to resolve this tragic situation,” Judge Nudelman said.

The parents of the child filed a lawsuit alleging that a fetal heart monitor showed their daughter’s heart rate decelerating before birth, which resulted in decreased brain function. The parents alleged their daughter would have normal brain function had she been delivered sooner.

After the child was born, there was no pediatric physician in the room as required by hospital protocol, and the pediatric resuscitation team was not notified until three minutes after her birth. She was intubated 12 minutes later. The settlement order said these delays resulted in a severe brain injury which caused delayed milestones, limited speech and cognitive injury.

“The key to this mediation was for the parties, through me, to continue the conversation,” Judge Nudelman said. “It went late, stalled and at some points even stopped, but the dialogue continued to eventually reach a settlement that satisfied all the parties involved.”

Judge Nudelman worked diligently to help the family members obtain some closure by reaching a settlement in this case.

Judge Nudelman is a senior mediator and arbitrator at ADR Systems. He is highly experienced in commercial, personal injury and professional malpractice matters, among many others. He has resolved more than 2,000 mediations and arbitrations throughout the United States in the past eight years.

For Judge Nudelman’s full bio, click here.

To check Judge Nudelman’s availability, click here.

ADR Systems, It’s Settled.®

Judge Harmening is an excellent mediator. Even in situations where settlement is not achieved the day of the mediation, Judge Harmening will continue talks with the parties when he can sense that a settlement is still possible, and gets it done. We have successfully settled several cases with Judge Harmening to the satisfaction of all parties. I am looking forward to working with him on many more in the future.

Thomas R. Mulroy III, Esq.Salvi, Schostok & Pritchard