Case Results - Brain Injury
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Case Results

Brain Injury


When medical error leads to injury it can be difficult enough to cope with‚ but when that error leads to the death of a child it is unbearable. One of our clients had a baby in 2004 who was born three months early. As with most preemies‚ she had respiratory issues and some problems with her lungs‚ which required she live the first eight months of her life in the hospital.

When she was finally able to go home‚ she still required medical care as her development was still delayed. She had a tracheotomy through which her breathing was assisted by a ventilator. In order to receive the added care she needed‚ her parents had a home healthcare nurse come to their home each day to assist with her medical needs.

Her loved ones described her as a happy child full of energy‚ personality‚ and strength‚ and just three days after her first birthday all of that changed. Although there were clearly set-forth requirements in place that stated there must be two persons present during the cleaning and changing of the ventilator tubes‚ one day the nurse took it upon herself to do the procedure on her own. As a result‚ that day the child was left deprived of oxygen for several minutes‚ and this had devastating consequences.

After doctors examined the child they had to break the news to the parents that she had suffered an anoxic brain injury due to the lack of oxygen. This little girl‚ who was once expected to grow into a completely healthy child‚ would now require specialized care for the rest of her life. She had suffered damage to the part of her brain that controlled motor skills and speech.

Following the life-changing incident‚ she continued to display her sweet personality and showed promising progress‚ but sadly on December 28‚ 2008 she passed away at only four years old from complications connected to her brain injury.

Her parents sought the assistance of our firm following this tragedy. While they could never get their daughter back they felt very strongly about making sure that no other child would suffer this kind of event in the future and that no parents had to go through what they were experiencing. We shared their feelings and fought tirelessly to see that justice was served and that those responsible for this precious child’s death were held accountable for their actions.

Through our unyielding pursuit of this case we were able to secure $1‚500‚000 for our clients for their unimaginable loss.

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