Medical Malpractice: $1,300,000.00* (Includes an Annuity For a Period of Thirty Years With a Potential Lifetime Yield of $8,563,619.46 For Normal Life Expectancy)
Plaintiff, a seven month old, was brought to the emergency room with breathing difficulty. Baby P experienced bronchospasm secondary to a foreign object in the esophagus. Chest x-rays showed a coin in the upper third of the esophagus. Baby P was scheduled for an upper endoscopy and esophagogastroscopy coin extraction. Baby P was sedated. A video endoscope was advanced into the upper esophagus under direct visualization. Two pediatric gastreoenterologists performed the procedure. The coin was identified, but because of difficulty in grasping it, it was pushed into the distal esophagus. The patient was monitored with a pulse oximeter. According to the operative report, the esophagus was noted to be pulsating during the later stages of the coin removal. Upon turning the child over to remove the bite block, it was noted that the child was not breathing and had turned cyanotic. The baby was bagged, and ventilation was established within one minute. Postoperative diagnosis was hypoxic encephalopathy and a cardiopulmonary arrest. While in the ICU, the baby had an episode of seizure like activity, and was diagnosed with metabolic acidosis subsequent to anoxia. Baby P was discharged with a diagnosis of hypoxic encephalopathy, indicating that the baby had made slow progress. Plaintiffs contended that defendants fell below the standard of care in performing the endoscopy, the child should have been on a pulse oximeter, and anesthesia was not properly administered. Defendant argued that their actions were within the standard of care and the cost of future care and loss of earning capacity were exaggerated. Plaintiff suffered developmental delays but is able to walk and talk.
The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.