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Brain injury suffered in hospital could result in med mal award


Posted on behalf of Mark F. Griffin of D'Amico & Pettinicchi, LLC on Apr 05, 2015 in Brain Injuries

In most cases the birth of a child is one of the most excited times in a person’s life. While it is of course tragic whenever anyone suffers a health issue, it is that much worse when the person experiencing this is a newborn child. When it is negligence on the part of a health care provider that causes the injury it is that much more upsetting. Parents may decide to file a medical malpractice lawsuit to try to recover compensation for those injuries.

The parents of a girl in another state, who suffered brain damage at less than a week old, recently were successful in their endeavor.

The girl, who is now 7 years old, was diagnosed with a condition that required surgery and a medication called prostaglandin. Before having the surgery she was transferred to a children’s hospital. When there, she was given the wrong dosage of the medication, and while in the operating table, went into cardiac arrest. In the 33 minutes it took to resuscitate her, she suffered a severe hypoxic ischemic brain injury.

The brain injury resulted in cerebral palsy and other significant disabilities. She will not be able to care for herself for the rest of her life.

Following an 11 day trial the jury found in favor of the girl. Her family was awarded more than $17.8 million.

While this large award will not undo the harm that the girl suffered before she even really had a chance to live, her parents are likely relieved that the money necessary to care for her throughout her life will be available.