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$5.7 Million Confidential Settlement for Minor Who Suffered Brain Damage

On the eve of trial, attorney Roberta D. Pichini achieved a settlement of almost $5.7 million on behalf of a child who sustained brain injury from a delay in recognizing signs of infection while she was in a hospital’s newborn nursery. The infant was a preterm female who was progressing well for the first weeks of her life. A battery of experts in neonatal nursing and neonatology explained that, although the baby suddenly began showing signs consistent with infection, this was not reported in a timely way to the physicians. In addition, those physicians responsible for the baby also failed to properly assess her, failed to communicate with each other and failed to appreciate the significance of her ongoing signs and symptoms. As a result of these breaches in the standard of care, the baby was not given antibiotics for almost twelve hours. A leading expert in meningitis explained that, due to the negligent delay in treatment, infection in the blood progressed, worsened and  invaded the meninges covering the brain causing meningitis, brain injury, brain hemorrhage, hydrocephalus, epilepsy, and cerebral palsy, with profound motor and cognitive impairments and equally profound developmental delays.

The settlement will be used to provide for the required daily skilled nursing and attendant care, multi-disciplinary medical and rehabilitative care, specialized educational services, assistive communication devices, equipment, transportation, home modifications, and therapeutic modalities that the baby will require for the rest of her life.