Delayed Diagnosis Of Appendicitis, Brain Damage

Our pediatric medical malpractice specialists negotiated a settlement in this catastrophic injury case in the amount of $4.45 million on behalf of a 2-year-old boy who suffered a delayed diagnosis of a perforated appendix, which led to peritonitis, metabolic acidosis and ultimately cardiac arrest, which deprived his brain of oxygenated blood. Our young client’s original symptoms began a week before his anoxic episode, and during this period his father brought him for outpatient treatment to the defendant clinic on three separate occasions. He was finally hospitalized two days before the arrest occurred. After the arrest, he was resuscitated and was hospitalized for almost five months. He suffered extensive brain damage, which resulted in blindness, impaired cognition, and spastic quadriplegia. The amount of the recovery was capped by California’s MICRA law. The child requires around-the-clock care. Approximately $2.95 million of the settlement was paid in cash, and $1.5 million was used by the defendant to fund future structured payments to cover the cost of ongoing attendant care and nursing needs.