$10M Settlement in Infant Brain Injury Case

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $10 million settlement in Alabama for an infant who suffered an iatrogenic brain injury leading to cerebral palsy after presenting at a hospital with a benign case of enterovirus.

The 9-month-old boy was seen by an emergency department physician, who ordered intravenous hydration. However, the hospital medical team was not able to secure an IV line, and the physician only made a single unsuccessful attempt at placing an intra-osseous “IO” line, and over a number of hours he became so dehydrated he needed to be transported by helicopter to the nearest regional children’s hospital.

While enroute to a children’s hospital by helicopter, the registered nurse in charge of administering fluid resuscitation administered a massive fluid overload, without performing a careful reassessment of the boy’s status in between fluid boluses, in violation of hospital guidelines and protocols of the American Academy of Pediatrics.

After receiving enough fluid to more than double his intra-vascular volume, and with fluid still running as fast as the pump would permit, the boy suffered a cardio-respiratory arrest, caused by either an electrolyte imbalance resulting from the massive fluid administration or from direct fluid volume causing elevated intra-cranial pressure. The boy required epinephrine and a full code during the helicopter transport.

Upon arrival at the hospital, the boy was suffering from severe metabolic acidosis, which led to serious and permanent brain damage. As a result of his injuries, he is unable to care for any of his basic needs and will require 24-hour care for the rest of his life.