11.3M Jury Verdict for Brain Damaged Baby after Medical Malpractice is Upheld
Parents are constantly worried about their children. When a child is sick, parents rush to the doctor to make sure everything is done to get their child healthy. But what happens when a doctor overlooks the signs and symptoms of a life threatening illness? Sadly, three doctors in Pennsylvania failed to diagnose an 11-month-old boy’s meningitis despite clear signs and symptoms; and as a result of their negligence, the boy is unable to speak.
Events Leading to Medical Negligence
On December 21, 2009, Shantice Tillery brought her son, Shamir, to the hospital because he was experiencing a fever and was having trouble breathing. The Children’s Hospital of Pennsylvania sent the boy home with a diagnosis of an upper respiratory infection and a cough.
The following day, on December 22, Shantice brought Shamir in, again, because his symptoms had progressed. Her son now had a high fever, increased pulse and respiratory rates, dehydration, and lethargy. Dr. Goyal assessed and treated Shamir during the visit. While Dr. Goyal ruled out the possibility of pneumonia with an x-ray, he simply sent the family homes without any answers or even orders for further testing.
On December 23, Shantice returned to the hospital for a third day in a row as her son showed no signs of getting better. During this visit, Dr. Nelson saw her son. Dr. Nelson diagnosed Shamir with a fever, bronchiolitis, potential pneumonia, bacterial infection, and dehydration. He decided upon a plan for IV fluids, checking labs, and a possible lumbar puncture. Hours later, the lumbar puncture was carried out and the family’s fear was confirmed – the boy had meningitis.
They ordered antibiotics for the boy. However, the child already developed bilateral hearing loss and brain damage due to the length of time he had to wait for a diagnosis. The boy will never be able to talk.
Medical Malpractice Lawsuit
Shantice filed the negligence lawsuit on behalf of her son in 2012. Three years later, a jury ruled in favor of the boy and his family assigning 40 percent of the negligence to Dr. Goyal, and 60 percent of the negligence belonged to the Children’s Hospital. The jury rendered a verdict that included $11.3 million verdict.
Fortunately for the family, the Pennsylvania Supreme Court made a decision last month to not hear an appeal from the Children’s Hospital of Pennsylvania; and as a result, the verdict is finally deemed final.
Cleveland Medical Malpractice Lawyers
When a physician spends eight years in school and then additional years in a residency in order to treat patients, you assume that he or she knows what they are doing and that you are getting the best medical advice. That is not always the case, and medical negligence does happen. In fact, medical malpractice is the third leading cause of death nationwide. If you or a loved one experienced physician or hospital negligence, contact a Cleveland medical negligence lawyer at Tittle & Perlmuter right away. Call our office at (216) 308-1522 or fill out an online contact form. for a free consultation of your case. We want to help fight for the compensation and justice you deserve.