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$5,000,000.00 Settlement Recovery – Pediatric Medical Malpractice — Failure to diagnose seizure in 7-year old — Brain Infarct — Inability to speak — Severe aggravation of cognitive deficits — Permanent need for wheelchair — Prior history of seizure disorder and developmental delays.
This medical malpractice case involved a then 7-year old plaintiff with a history of seizure disorders and severe asthma. The plaintiff ‘s contention is that he suffered a two and a half-hour seizure during 3 days of intubation [breathing tube inserted into the trachea or windpipe to assist in breathing]., which also necessitated the use of paralytic agents. The plaintiff maintained that although the typical shaking that would accompany a seizure was masked by the paralytic agents and sedatives, the defendants should have realized from a severe increase in vital signs such as blood pressure and heart rate that did not respond to medication expected to reduce pain, and thereby lower vital signs, that the child was suffering a seizure.
The brain has a fivefold need for oxygen during a seizure. The plaintiff contended that although the pulse oximeter did not show signs of abnormalities, the failure to properly treat the seizure resulted in it continuing for this two and a half-hour period, during which the brain was deprived of an extensive amount of oxygen, thus causing a brain infarct (occlusion).
The case settled before trial for $ 5 million.