Marasco & Nesselbush, LLP, a leading Providence-based injury law firm, secured a $1.35 million settlement against a Massachusetts doctor for medical negligence in a case that resulted in the death of a 10-month-old baby girl.
Marasco & Nesselbush attorneys Mark Grimm, Jane Duket and Doug Chabot represented the parents of the deceased child, who sought accountability for their daughter’s preventable death.
As is standard practice with all of our firm’s medical malpractice cases, M&N recruited a distinguished team of medical experts in emergency medicine who reviewed medical records and deposition testimony, and concluded that the care provided to our clients’ daughter fell below the standard of care, leading to her death.
Our client’s daughter was 10 months old when she was brought to a Massachusetts hospital with intermittent dry cough for 17 days, a recent acute ear infection with a 10-day course of amoxicillin, renewed fevers and cough and diminished urine output. After being examined by an emergency department physician, she was given acetaminophen, ibuprofen, and ondansetron.
The doctor reported no sign of head, ears, eyes, nose or throat infection. A rapid influenza test was negative and the child was discharged with a final diagnosis of cough and fever. The doctor did not seek a consultation with a pediatrician and instructed our client to give acetaminophen and ibuprofen for fever and to follow-up with their pediatrician.
The next morning, the parents brought their daughter back to the hospital with an elevated temperature, a very high pulse rate and a dangerously low blood pressure level. She was septic. Despite extensive medical intervention, our clients’ child died. An autopsy determined that the infant died due to sepsis from a bacterial infection.
The team of doctors hired by M&N noted that the doctor had several options that would have detected a bacterial infection, including a urinalysis, a blood test, or a chest x-ray. Had any of these tests been performed, the discovery of a bacterial infection would have triggered IV-antibiotic treatment and hospitalization for close monitoring and more likely than not prevented her death.
“Our clients experienced an unimaginable loss with the preventable death of their infant daughter,” said Attorney Jane Duket. “Thanks to the expert testimony from our team of doctors, and the deep experience our firm has with catastrophic medical malpractice cases, we were able to secure a large settlement for our client. No amount of money will bring our client’s daughter back, but this settlement at least provides accountability and a sense of justice.”