Sommers Schwartz attorneys Richard Groffsky and Andy Dragovic obtained a confidential $1.8 million birth injury settlement on behalf of a child who was born 24 weeks premature due to the defendant doctor’s failure to treat his mother’s pelvic inflammatory disease (PID).

According to the lawsuit, the defendant performed a laparoscopic appendectomy on the mother in April 2007 and ordered post-operative antibiotics for appendicitis. When the pathology report later revealed PID and not appendicitis, the defendant continued the appendicitis antibiotics but did not prescribe antibiotic therapy to target the PID, which went untreated.

The plaintiff alleged that the failure to address the mother’s prenatal PID caused her to deliver the child prematurely and that as a result of the medical malpractice, the child suffered grievous injuries including central nervous system damage, mental and motor deficits, and global developmental delay. He will require special care, treatment, and education for the remainder of his life.

Messrs. Groffsky and Dragovic brought claims against three defendants, including the defendant surgeon, who vigorously contested the allegations and made investigation and discovery very difficult. The parties agreed to the settlement before mediation or trial.