$2,100,000 Settlement for Medical Malpratice Involving a Newborn
Attorneys Richard L. Groffsky and Matthew G. Curtis obtained a $2,100,000 settlement in a medical malpractice case filed in Cook County Circuit Court
(Illinois) involving a newborn who suffered motor deficits after a delay in testing. Plaintiff minor was born after a normal labor and deliver. Because of his
prematurity, he was sent to the NICU, where he was on oxygen for a short period of time. Feedings were withheld for a couple days, and then gradualy instituted
over the ensuing week.
Once he started feeding on day two of life, the standard of care required that the routine newborn screening mandated by state law be performed. However,
plaintiffs alleged that there was a delay in testing for and diagnosing a congenital enzyme abnormallity (galactosemia) in the newborn on the sixth day of life, which
resulted in brain defects on the eight day.
Plaintiffs asserted that the newborn did not deterioriate until the seventh day of life, but had the screening beend done within the first 24-48 hours of life, earlier
diagnosis would have occurred. It also was contended that, if a change to soybased formula would have happened on day four, his injury would have been
avoided.
Defendants contended that state law at that time allowed for the delay, and that would have been prevented even with earlier diagnosis. |