It has been reported that the parents of an infant who died as a result of alleged medical malpractice at Avera McKennan Hospital in South Dakota have reached a confidential settlement of their claims. The settlement was reached during mediation that a court filing described as “a fair and reasonable resolution of the wrongful death claim, reached as a result of arms-length negotiations to resolve a contested claim and avoid the risk of a jury trial to both parties.”
The Underlying Facts
The infant (“K.G.”) was born on January 1, 2018 at Avera Holy Family Hospital in Estherville, Iowa. He was released to home two days later. He was scheduled for a well-baby visit on January 17, 2018 but was brought by his parent to the emergency room on January 14, 2018 due to swelling in his left groin area. The parents alleged in their South Dakota medical malpractice wrongful death lawsuit that an ultrasound diagnosed a hernia but K.G. was discharged to home with instructions to call the pediatrician the next day to discuss surgery. When K.G.’s symptoms worsened, he was brought back to the emergency room the same night. K.G. was again released to home.
The next morning, K.G. was brought back to the emergency room for a third time because he had a temperature of 102, he had experienced episodes of vomiting, he stopped eating, and he was lethargic. During that emergency room visit, multiple loops in K.G.’s small intestine were visualized on an x-ray. K.G. was then flown to Avera McKennan Hospital in Sioux, South Dakota where a bowel blockage was diagnosed. He was admitted to the Pediatric Intensive Care Unit. K.G. endured two surgeries over the course of two days: seventy five centimeters of his bowel was removed and he was diagnosed with sepsis. K.G. suffered seizures as well. K.G.’s health care providers recommended to his parents that he be placed on do-not-resuscitate, which his parents reluctantly agreed to. K.G. died on January 28, 2018.
Avera McKennan Hospital & University Health Center in Sioux Falls, South Dakota, is a 545-bed tertiary hospital. Avera Holy Family Hospital is a part of the Avera Health system serving South Dakota, North Dakota, Nebraska, Minnesota, and Iowa. From its website: “Across the Avera Health system, including Avera Holy Family Hospital, you benefit from evidence-based care, a strong focus on your safety and comfort while you stay with us, and the best possible outcomes. As a Christian health care ministry rooted deeply in Gospel values, we provide for the needs of the people in our region with quality, cost-effective, accessible health care services, featuring the latest technology. You receive the same top-quality health services you’d find at major medical centers and regional referral sites, including precision diagnosis and treatment using advanced technology.”
If you or your baby suffered a birth injury (or worse) during labor and/or delivery or shortly after birth in South Dakota or in another U.S. state, you should promptly find a South Dakota birth injury lawyer, or a birth injury lawyer in your state, who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.
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