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Settlement – $7,175,000Facts
Baby Doe was born in April, 1996 without complications. However, the child had difficulty feeding, and was unable to suck or swallow. Tests performed shortly after birth were unremarkable, although after the baby had what appeared to be a seizure, an EEG was performed which was abnormal. The child continued not to develop a suck and swallow reflex, and about 10 days later a feeding tube was placed through the abdominal wall, allowing the child to receive breast milk and other nutrients directly into the intestinal tract. One week after the feeding tube was installed, a central catheter was placed in the babyÆs right jugular vein to allow the introduction of nutritional supplementation which had to be sterile in nature since it led directly into the blood stream. The childÆs condition improved, and after about a week, the central catheter was no longer needed. During a visit by the parents, the feeding tube was disconnected so that they could take the baby for a walk. Upon the babyÆs return, a temporary float nurse was directed to reattach the feeding tube. Instead of attaching the breast milk adaptor to the feeding tube, she attached it to the central line resulting in breast milk being infused into the babyÆs blood stream. Milk emboli blocked the blood flow to numerous portions of the brain causing the child to go into a coma. The child remained in critical condition, then recovered slowly and was discharged about a month after the incident.
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Mediation was attempted and was successful.
Injuries
Post-discharge, the child remained with significant suck and swallow deficit. Post-incident CT scans revealed that the baby received a devastating injury. Some level of paraplegia was confirmed, and a cognitive deficit appeared to be present.
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