$10.5 Million - Injured Infant Brain Damage

An infant $10,500,000. settlement in 2020.

This is a medical malpractice action where the plaintive an infant 54 days old was admitted on 3/28/15 to a New York Hospital with an admitting diagnosis of mild respiratory distress ( RSV virus).

Although the infant was being treated for a respiratory virus he was completely neurologically intact with no neurologic deficits.

It is the plaintiff's contention that the traumatic insertion of the NG tube caused an insult to the infant's lung and immediately started a cascade of improper diagnoses and treatment.

 All the physicians in the room for 32 minutes of cardiac arrest were trained to do this procedure of Insertion of a chest tube. It is the only treatment to relieved a tension pneumothorax (a build-up of air in the chest), which was preventing the heart from expanding and beating) and exhaling carbon dioxide. The team of treating physicians persisted and continued forcing air into the lungs for more than 32 minutes but no air was returning or exhaling. This is known as -no end title.

The UNTREATED tension pneumothorax was the condition the patient was actually suffering from during the 40 minutes that there were six attempts to intubate the patient by 4 different doctors. Each attempt was met with no return of air (Co2), each attempt was confirmed by direct laryngoscope to be in the proper position, Yet there was a bewildering persistence with that plan and failure to recognize this was obviously a tension pneumothorax.

The continued misdiagnosis of bronchospasm led to 6 attempts to intubate the patient and more than 30 minutes of cardiac arrest and resuscitation before surgeon Dr. CK arrived on the scene and immediately diagnosed the true condition of the patient just by looking at him, and then provided a simple available treatment within a minute that corrected and restored the infant's cardiac function. Unfortunately by that time the patient had suffered irreversible catastrophic neurological brain damage.


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