Defense Verdict Win in $31 Million Pediatric Malpractice Case
May 3, 2017
Patton & Ryan Senior Partner John W. Patton, Jr. and associate Kathryn Vaughan secured this remarkable verdict after a two-week medical malpractice trial with deliberations lasting just under two hours. This case involved an infant, Dramara Sivels, Jr. (hereinafter “DJ”) that was discharged from Memorial Medical Center in Springfield, Illinois 36 hours after birth. 63.5 hours after birth DJ was admitted to St. John’s with possible sepsis. The sepsis ultimately became meningitis, and DJ’s neurological system was irreversibly damaged as a result of the infection. The cause of the DJ’s infection was Group B strep. DJ’s mother tested negative for Group B strep prior to giving birth.
Plaintiffs claimed that Koke Mill, acting through its agent Dr. Vasconcelles, negligently discharged DJ less than 48 hours after his birth despite his alleged complicated post-partum course which included respiratory distress, low blood glucose labs, feeding difficulty, vomiting and sleepiness.
Defendant, Koke Mill claimed that Dr. Vasconcelles was not negligent as DJ was not exhibiting any signs or symptoms of infection prior to discharge. Defendant further argued that the rapid and progressive nature of DJ’s infection 60 hours after birth was further evidence that DJ could not have been showing signs and symptoms prior to discharge. Through our experts and numerous other healthcare providers, we went through the chart and explained how the symptoms that Plaintiff cherry-picked are seen in most normal newborns. Plaintiff’s case required a jury to ignore the testimony of numerous treating physicians while listening solely to their nine retained experts.
Plaintiff asked the jury for an award of $31 million. This verdict is the result of an aggressive and focused trial team of Patton & Ryan attorneys. Should you want John and our team to help you on a large exposure matter, anywhere in the nation, or just want more information on us, please do not hesitate to email or call.