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$15 Million Dollar Settlement (Confidential) - Medical Malpractice

Failure to diagnose bacterial infection leading to sepsis requiring quadruple amputations and lobectomy. Plaintiff presented to defendant clinic with a history of fevers, difficulty breathing, vomiting, lethargy, a dry cough, abdominal pain and poor oral intake. It was reported plaintiff was exposed to a family member who had been diagnosed with a bacterial respiratory infection. Plaintiff was examined only by triage nurses and defendant 1st year resident. Examination revealed a fever, a heart rate increased, an increased respiratory rate, mildly tender abdomen. Only a non-rapid strep test was performed, the results of which would not be available for 2-3 days. No other diagnostic tests were performed. Defendant resident diagnosed Plaintiff as having a viral infection, prescribed Tylenol and discharged Plaintiff home without ever being seen by an attending physician.

Two days later Plaintiff presented to the Emergency Department of defendant Hospital with continued difficulty breathing, lethargy, abdominal pain, fever, increased heart rate and increased respiratory rate. Blood cultures drawn in the ER were positive for Strep. Plaintiff was transferred to a pediatric hospital where he remained for approximately 4 months. While at the pediatric hospital Plaintiff underwent amputations of his left and right legs (above the knees) and his left and right arms (at the elbows) and a right lower lobectomy, dialysis and central line and IV feedings. Infectious disease and immunology consults determined that Plaintiff had normal inflammatory mechanisms and that the destructive nature of the infection was related to a delay in the appropriate diagnoses and treatment, and not a defect in resistance to the infection.

Plaintiff's future economic losses which include future medical and daily living needs as well as future lost wages and earnings are estimated at $7.5 million dollars.

This informational piece was prepared by Silverman & Fodera. If you would like more information on this topic, call us at (800) 220-LAW1, or use the "Do I Have A Case?" link on this web site.