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An Illinois jury awarded $17.1 million in infant wrongful death compensation to the family of a baby who died 9 months after his birth because of catastrophic injuries he suffered during delivery. The jury found the obstetrician and a women’s health clinic responsible for the child’s death.
Despite signs of danger during the pregnancy, including gestational hypertension and later preeclampsia, Dr. Derin Rominger failed to deliver baby Oliver early. The doctor is also accused of ignoring fetal heart monitoring that showed Oliver was not getting adequate oxygen during delivery.
Oliver was delivered vaginally but required 15 minutes of resuscitation. He later suffered seizures, breathing difficulties, and feeding problems.
In February 2019, at only 9 months of age, Oliver passed away. His death was the result of severe neurological and systemic complications from oxygen deprivation at birth.
When an injury happens during delivery, it may be considered medical malpractice. Families are able to seek justice and hold doctors accountable for these kinds of medical mistakes.
What Happened in the Illinois Birth Injury Case?
In this wrongful death case, an Illinois jury awarded $17.1 million to Colton and Hannah Bayless after finding obstetrician Derin Rominger and the Women’s Health Care Specialists of Decatur LLC responsible for the death of their infant son Oliver.
The Bayless family alleged that medical negligence in managing Hannah’s pregnancy, labor, and delivery in 2018 led to Oliver suffering a catastrophic brain injury, which later caused his death.
Medical malpractice occurred in multiple ways in Oliver’s case:
- Failure to act on preeclampsia diagnosis: Oliver’s mother was diagnosed with gestational hypertension and later preeclampsia, which increases the risk of serious complications, but delivery was not expedited.
- Delayed delivery: Despite warning signs, the obstetrician did not deliver Oliver early to prevent risk.
- Ignoring fetal distress during labor: Fetal heart monitoring showed “fetal intolerance of labor” (signs the baby was not getting enough oxygen), but no interventions were made.
- Inadequate response during labor: No changes were made to the care plan or labor management after the signs of fetal distress.
- Delayed or insufficient resuscitation: Oliver required 15 minutes of resuscitation at birth, suggesting that immediate responses were insufficient or delayed.
- Failure to prevent long-term injury: The combination of delayed action and ignored fetal distress directly contributed to hypoxic brain injury and subsequent complications.
Even with in-home hospice care, Oliver continued to struggle with tube feeding, vomiting, and seizures. Sadly, at only 9 months of age, he passed away.
The family’s birth injury lawyers in Illinois were able to show that Oliver’s death was the result of severe complications from oxygen deprivation at birth tied to medical negligence.
Infant Wrongful Death Case Timeline
The tragic case of Oliver Bayless highlights how delayed medical intervention during labor can have devastating consequences. The family’s journey, from Hannah’s pregnancy to Oliver’s passing, became the foundation of a wrongful death lawsuit that sought justice for his suffering and loss.
Here’s what happened in this Illinois infant wrongful death case:
- March 2018: During her pregnancy, Hannah Bayless was diagnosed with gestational hypertension, a condition marked by high blood pressure that can pose risks for both mother and baby if not carefully monitored.
- May 2018: Hannah’s condition progressed to preeclampsia, a serious pregnancy complication that increases the risk of harm to both mother and child.
- May 3, 2018: Labor was induced. Fetal monitoring reportedly showed signs of “fetal intolerance of labor,” indicating the baby was in distress, but no timely medical intervention was made.
- Delivery: Oliver was delivered vaginally but required 15 minutes of resuscitation and was diagnosed with fetal hypoxemia (oxygen deprivation).
- May 4-8, 2018: In the days following birth, Oliver suffered from seizure activity and brain injury, consistent with the oxygen deprivation he endured.
- Following months: Oliver experienced severe long-term complications, including breathing problems, feeding difficulties, vomiting, and seizures.
- January 2019: Doctors recommended palliative care due to poor prognosis.
- February 2019: Oliver tragically died at only 9 months old.
- July 2025: An Illinois jury awarded $17.1 million in damages to the Bayless family, finding medical negligence contributed to Oliver’s suffering and death.
This case serves as a heartbreaking reminder of the importance of timely medical intervention during high-risk pregnancies and labor. The jury’s verdict not only provided justice for the Bayless family but also underscores the duty of medical providers to protect the most vulnerable patients.
Filing an Infant Wrongful Death Lawsuit
Filing an infant wrongful death lawsuit can be one of the most difficult decisions a grieving family faces, but it can also be an important step toward justice and accountability.
A wrongful death lawsuit allows parents to seek compensation for medical expenses, the emotional toll of losing a child, and more. Infant wrongful death settlements also hold negligent medical providers accountable and highlight systemic issues in health care.
In the Bayless case, the award included:
- $7.1 million for Oliver’s pain and suffering, emotional distress, loss of a normal life, and medical expenses
- $10 million for the grief and suffering of Hannah and Colton Bayless
When medical missteps, like delayed intervention during labor and inadequate monitoring, contributed to a child’s fatal birth injuries, families have legal avenues to hold health care providers responsible.
Get Help From Infant Wrongful Death Lawyers
At the Birth Injury Justice Center, our infant wrongful death lawyers understand how difficult this time can be for families. We’re here to help you pursue justice and compensation from the doctors or hospital responsible.
“We understand that families are already under tremendous stress after a birth injury, so we work to make the legal process as easy as possible. Once we determine that you may have a case, our team takes on the heavy lifting, so you can focus on your child’s care.”
– Ricky LeBlanc, Birth Injury Lawyer
While money will never undo what happened, it can help families feel like they got justice on behalf of their baby — and potentially prevent other parents from suffering the same heartbreak.
Get a free case review now. Average birth injury settlements are over $1 million.
