$10 Million Settlement
The parents of an infant sued the hospital where she was born, claiming a misplaced catheter left in place for several days caused severe brain damage.
In August 1999 Jane Doe delivered triplets after 34 weeks of pregnancy. All three infants were taken to the neonatal intensive care unit after delivery. Baby C received an umbilical catheter at 8:30 a.m. Fifteen minutes later, X-rays were taken to ensure correct placement of the catheter. The films revealed that the catheter had penetrated the heart wall in the right atrium. Despite this, the catheter was not adjusted.
Throughout the day and into the night, Baby C suffered from periods of apnea and would stop breathing. Another film was taken, which also showed the misplaced catheter, but it still was not adjusted. That night, Baby C continued to decline. At 12:30 a.m., nursing staff contacted the attending physician to report Baby C's change in status. Two more films were taken, revealing the location of the catheter, which was not adjusted. At 4:30 a.m. the attending physician reported to the hospital. Baby C was in cardiac arrest when he arrived. Another film showed that Baby C had fluid in her pleural cavity, which the doctor was able to remove. Baby C survived but suffered severe brain damage. The other two children are healthy and developing normally.
Baby C's parents sued the hospital, claiming that the doctor and staff were negligent both in placing the catheter and in failing to correct the misplacement.
The parties reached a policy limits settlement of $10 million.
Type of Action: Medical malpractice
Type of Injuries: Brain damage
Court/Case Number/Date: Confidential
Caption: Confidential
Judge, Jury or ADR: Jury
Name of Judge: Confidential
Special Damages: $200,000 past medical expense, $200,000 per year future medical expense
Verdict or Settlement: $10 million settlement
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiff: Ed Hershewe, Allison Hershewe, & Michelle Boehm O'Neal, Joplin
Insurance Carrier: Not disclosed
Plaintiff's Experts: Donna Barras, Buena Park, Calif. (pediatric rehabilitation); Dr. Paul Hinkes, Hidden Hills, Calif. (neonatal medicine)
Defendant's Experts: None
August 11, 2003
