Facts

A minor sustained injures to his three fingers during a session of cryotherapy to remove warts from his left hand. The minor sued the Family Healthcare Network through the United States Department of Health and Human Services for medical malpractice under the Federal Tort Claims Act.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was medically negligent in removing the warts from plaintiff's fingers. First, defendant improperly administered the cryotherapy treatment and as a result burned plaintiff's fingers on his left hand. The treatment fell below the medical standard for cryotherapy treatment.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's claims were subject to the applicable damages caps. Moreover, plaintiff's injuries were due to his own negligence in following post treatment instructions and wound care. Thus, given plaintiff's failure to mitigate his damages and his own negligence, defendant contended it was entitled to summary judgment on plaintiff's claims.

Injuries

The minor suffered permanent disfigurement of three fingers on his left hand from burns due to the cryotherapy treatment.

Result

The parties entered into a $15,000 settlement agreement.