Facts

The minor plaintiff was born on Sept. 16, 1996. He was diagnosed during the first year of life with recurrent respiratory papillomas (RRP). He underwent laser surgical treatment of the papillomas every six to eight weeks at defendant facility. All but the first of those surgeries were done on an outpatient basis.

The plaintiff was hospitalized at a community hospital (not a party) from July 8-14, 1999 with a diagnosis of pneumonia. He was placed on IV antibiotics. He underwent chest x-rays and a CT scan of the chest, which showed improvement. He was not placed on antibiotics at the time of his discharge on July 14, 1999.

His pediatrician saw the plaintiff on July 19, 1999. Secretions from his tracheal tube were less. There was no cough but there were scattered rhonchi.

On July 21, 1999, the plaintiff was admitted to defendant facility for another of his laser surgical treatments of the RRP. Surgery ended at 10 a.m. He was taken to the PACU, and then to a step down unit at 11:15 a.m. He was discharged at 1 p.m. On the way home, the plaintiff suffered from respiratory distress as the result of probable mucus plugging. The arrest took place in the parking lot of a community hospital (not a party to this action). He was resuscitated in the parking lot and the ER; however, he suffered a significant anoxic brain injury.

PLAINTIFF'S CONTENTIONS:
Given his recent hospitalization for pneumonia, the plaintiff argued that the standard of care required that the July 21, 1999 surgery be done on an inpatient basis. Alternatively, he should have been observed for a period of at least several hours following the surgery because he was at heightened risk for episodes of respiratory distress.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff had undergone 51 laser surgical treatments of his RRP prior to this incident, only the first of which was done on an inpatient basis. On July 21, 1999, there was no reason to deviate from that custom and practice since the plaintiff's lungs were clear to osculation and showed no clinical signs of pneumonia. Furthermore, of more than 50 laser surgical procedures that the plaintiff has undergone since the incident, none have been on an inpatient basis.

Injuries

The plaintiff suffered cerebral palsy as the result of anoxic brain injury. The plaintiff requires 24/7 LVN treatments for the balance of his life. His life expectancy estimated at 65 years of age. The defendant disputed the plaintiff's life expectancy projection and need for LVN care.

Result

The case settled for $1,375,000.