Sommers Schwartz attorney Richard Groffsky secured a $3.75 million settlement in a medical malpractice case on behalf of a minor child. The infant was born with congenital deformities that prevented his trachea, esophagus, and stomach from properly connecting. After an initial surgery to correct breathing and swallowing issues, he underwent a subsequent procedure to alleviate compression on his trachea. A follow-up x-ray was delayed, and when eventually produced, it revealed a left lung collapse. No action was taken to intubate the child until nearly two hours later, and during the prolonged and unsuccessful intubation attempt, he became progressively hypoxic and went into cardiac arrest. As a result of the delayed x-ray, delayed post-operative diagnoses, and delayed treatment, the infant suffered an anoxic brain injury causing lifelong disabilities that will continue to require extensive rehabilitative services.
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