$17M New Jersey Medical Malpractice Brain Damage Verdict For Child Taken Off Ventilator Too Soon

A New Jersey medical malpractice jury found in favor of a now 16-year-old in the amount of $17 million on October 26, 2017, after a six-week medical malpractice trial, unanimously (8 to 0) finding that when she was 7-years-old and in the defendant hospital following surgery, she was removed from a ventilator too soon on which she was dependent to breathe, resulting in serious and permanent brain damage.

The child’s sad saga began in 2008, when she was seven-years-old and was brought to the defendant hospital with a severe case of pneumonia. The child requited surgery, which was successful, after which she was placed on a ventilator for ten days. The New Jersey medical malpractice lawsuit that was filed by her parents on her behalf in 2010 alleged that it was a breach of the standard of care for the doctors to remove her from the ventilator too soon, while she was still sedated and unable to breathe on her own. The plaintiff’s medical experts testified during trial that there were signs that the girl was not ready to be weaned from her ventilator when she was, and that it was medically negligent to remove the ventilator from the child while she was still under sedation.

The alleged medical negligence caused the child to suffer cardiac arrest that required that her heart be shocked three times in order to revive her. Her brain was without sufficient oxygen as a result, causing her to sustain serious and permanent brain damage that mainly affects her ability to process information — for example, she reportedly cannot remember the three-digit combination to her locker at school. The girl requires a full-time aide while in school and she will have difficulties throughout her life as a result of the New Jersey medical negligence that has robbed her of her full potential in the future.

The girl’s medical malpractice attorney stated after the New Jersey medical malpractice verdict, “She certainly faces considerable hurdles, given the nature of her injuries. It has impacted her socially. It’s going to impact her ability to go to college. It’s going to impact her everyday life even as an adult.”

The New Jersey medical malpractice jury awarded the child $5 million for her past and future pain and suffering, $10 million for her anticipated future medical expenses and necessary future care, and $2 million for her future loss of wages. The New Jersey medical malpractice defendants (the hospital where the medical negligence occurred, a pediatrician involved with the girl’s medical care, and the pediatrician’s medical practice) have expressed their disagreement with the New Jersey medical malpractice verdict and vowed to appeal the jury’s verdict.


If you or a loved one may have been injured as a result of hospital medical malpractice in New Jersey or in another U.S. state, you should promptly consult with a New Jersey medical malpractice lawyer (or a medical malpractice lawyer in your state) who may investigate your hospital malpractice claim for you and represent you or your loved one in a medical malpractice case against a hospital, if appropriate.

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This entry was posted on Saturday, November 11th, 2017 at 5:17 am. Both comments and pings are currently closed.

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