Confidential
Settlement – $750,000Court
Snohomish Superior
Attorneys
Plaintiff
Defendant
Facts
On January 3, 1994, Plaintiff parents' child, a 1-year-old male, began to develop vomiting and diarrhea. Plaintiff parents called the child's family practice clinic to report this; they called back with a prescription for Phenergan suppositories. The parents attempted to use the suppositories; however, they were ineffective and the child continued to have vomiting and diarrhea. At 4:45 p.m., the clinic was again called, and an appointment was made to see a physician at 5:45. The physician at the clinic examined the child, weighed him, and recorded the weight at 20 pounds 5 ounces, which was 1/2 pound less than he had weighted 2 1/2 months before. Also, this was 2 pounds or 10 percent less than he would have been expected to weigh according to growth chart standards; but the physician did not check the growth chart. The physician administered a Phenergan injection and sent the family home with the advice that, if he did not improve in 24 hours, they were to recontact the clinic. The vomiting continued, although at a decreased rate, and the child slept through the night. On Tuesday, January 4, the child became lethargic and was not taking liquids well. Vomiting began again and the diarrhea worsened. By late afternoon, he became more lethargic and disoriented. The family practice clinic was again contacted and another physician, the Defendant, talked with the family. This physician examined the child at about 7:50 p.m. and made an assessment that the child was suffering from mild dehydration (the records reflected that) 12.5 mg injection of Compazine was given, a medication not usually administered to children under 2 years of age. The physician advised the Plaintiff parents not to worry, but if his condition did not improve, they should consider referral to Children's Hospital. The child was not weighed. The parents took the child home; the vomiting decreased, but the diarrhea continued. He was put to bed at approximately 11:30 p.m. On January 5, at 1:30 a.m., the child's hands were ice cold and he was acting disoriented. At 3:00 a.m. his discomfort was apparent and the diarrhea continued. At 4:45 a.m., his temperature was 103.5 degrees, his breathing was rapid, and the physician who had seen him the night before was called. The parents were told to administer Tylenol and give the child a sponge bath. Plaintiffs asked if the child should be taken to Children's Hospital; the physician said no. The parents followed the doctor's direction. While giving the sponge bath, it was apparent that the breathing was slowing down. When the father tried to find a sign of breathing, none was found. Plaintiffs called 911; and the mother began administering CPR. The medics arrived 5 or 6 minutes later and administered CPR for 25 to 30 minutes. The child died; an autopsy concluded that the cause of death was dehydration. The weight at the time of the autopsy was 18 pounds, 5 ounces; which reflected a 20 percent weight loss due to dehydration.
Settlement Discussions
This case was settled through a personal conference between Plaintiffs' counsel and the insurance company representative; therefore reference to offers and demands is not applicable.
Injuries
Death of 1-year-old child.
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