Record $97.4 Million Iowa Birth Trauma Verdict, Later Reversed for a New Trial

In August 2018, Kathleen and Andrew Kromphardt went to Mercy Hospital in Iowa City to deliver their son. According to the lawsuit, the baby was in fetal distress for roughly two hours, and the warning signs pointed to a cesarean section. Dr. Jill Goodman continued with a vaginal delivery instead. She used forceps, which fractured the infant's skull, and then applied a vacuum extractor after the forceps had already failed.

The newborn was deprived of oxygen and suffered an ischemic brain injury. He was later diagnosed with seizures, facial nerve palsy, and a skull fracture with bleeding around the brain. The family's case was that those injuries left the child with permanent brain damage and a need for around the clock care for the rest of his life.

The case went to trial in March 2022 in Johnson County District Court in Iowa City, before Judge Kevin McKeever. Geoffrey Fieger tried it alongside Jack Beam and Matthew Patterson of the Chicago firm Beam Legal Team. They argued that Dr. Goodman ignored clear signs that a cesarean was needed, then compounded the error by reaching for the vacuum after the forceps attempt had already failed. A package insert for the vacuum device warned physicians not to use it after a failed forceps or vacuum attempt.

The jury returned a verdict of $97.4 million, believed to be the largest medical malpractice award in Iowa history. The award included $42 million for future medical care, $11.6 million for lost future earnings, and $20 million each for pain and suffering and for loss of mind and body function. Mercy Iowa City had already settled its portion of the case for $7 million before the verdict, so the bulk of the remaining liability fell on Dr. Goodman's practice, Obstetric and Gynecologic Associates of Iowa City and Coralville.

The result did not hold. On November 8, 2024, the Iowa Supreme Court reversed the judgment and ordered a new trial. The justices ruled that the trial court wrongly admitted the vacuum manufacturer's package insert, finding it was hearsay that the clinic had no way to cross-examine, and because that error is presumed to have prejudiced the clinic, they reversed and ordered a new trial. The clinic had also argued the award was excessive, but the court did not reach that issue. Between the 2022 verdict and the 2024 ruling, both Obstetric and Gynecologic Associates and Mercy Iowa City filed for bankruptcy.