$3,250,000 Settlement Reached in Medical Malpractice Wrongful Death Case Involving Failure to Diagnose Bacterial Infection in Child

Partner, Paul M. da Costa, Esq. of Sarno da Costa D’Aniello Maceri Webb LLC secured a $3,250,000.00 settlement on behalf of the family of a seven-year-old boy who died as a result of undiagnosed and untreated bacterial sepsis.

Case Background

The Decedent presented to the Emergency Room with a fever exceeding 104 degrees and seizure-like activity. He was lethargic, tachycardic, and bloodwork revealed multiple indicators of a bacterial infection. Although he tested positive for influenza A, the defendant physicians never ordered a procalcitonin test that had been included in his treatment plan, failed to obtain repeat bloodwork or a lactate test, and did not administer antibiotics. After approximately ten hours in the Emergency Room, and with his heart rate still elevated, the Decedent was discharged home. Furthermore, the defendants failed to appropriately employ differential diagnosis to timely diagnose the bacterial infection.

The Decedent returned the following morning with facial swelling, bruising, and bleeding, and was diagnosed with septic shock caused by Group A Streptococcus, disseminated intravascular coagulation, and multiorgan failure. He was started on intravenous antibiotics and transferred to a pediatric intensive care unit, but he did not survive. He passed away the following day.

An autopsy confirmed acute bacterial meningitis, with tissue culture from his brain testing positive for Group A Streptococcus.

The Allegations

Plaintiffs alleged that the defendant physicians failed to consider a bacterial infection, failed to order necessary diagnostic testing, failed to admit the child for observation, and failed to timely administer intravenous antibiotics during the initial Emergency Room visit.

Plaintiffs’ medical experts concluded that the infection was already present during the first visit, and that timely antibiotic treatment would more likely than not have prevented the progression to septic shock and death.

Resolution

Following extensive discovery, depositions, and expert review, the matter was resolved for $3,250,000.00, representing the defendants’ full insurance policy limits. The Decedent is survived by his parents.

Contact

Paul M. da Costa, Esq.
Sarno da Costa D’Aniello Maceri Webb LLC
Email: pdacosta@sarnolawfirm.com
Direct: 973.840.1061
Main: (973) 274-5200