The parents of a premature baby have settled their Michigan medical malpractice lawsuit alleging that medical providers’ negligence led to their baby suffering severe and permanent brain damage that precludes him from living an independent life.
The baby was born with TAPVR (total anomalous pulmonary venous return), which occurs when the pulmonary veins bringing blood back from the lungs do not connect to the left atrium; instead, they go to the heart by way of an abnormal (anomalous) connection. In a baby with TAPVR, oxygen-rich blood from the lungs returns to the right side of the heart where oxygen-rich blood mixes with oxygen-poor blood. This causes the baby to get less oxygen than is needed.
To survive with this defect, babies with TAPVR usually have an atrial septal defect (ASD). An ASD is a hole between the right atrium and the left atrium. An ASD helps the mixed blood get to the left side of the heart. From there, the blood is pumped out to the rest of the body. A baby with TAPVR may need surgery or other procedures soon after birth. Therefore, TAPVR is considered a critical congenital heart defect.
About 504 babies are born with TAPVR each year in the United States. Babies with TAPVR will need surgery to repair the defect. The age at which the surgery is done depends on how sick the child is and the specific structure of the abnormal connections. The goal of surgical repair of TAPVR is to restore normal blood flow through the heart. To repair this defect, doctors usually connect the pulmonary veins to the left atrium, close off any abnormal connections between blood vessels, and close the atrial septal defect.
The Michigan medical malpractice lawsuit alleged that an echocardiogram of the baby at approximately 32 weeks revealed a change in condition that required the defendants to immediately take the baby to the catheterization lab or perform surgery. The parents alleged that the medical providers and specialists failed to timely collaborate, and that they should have modified their treatment plan based on the change in the baby’s medical condition.
The baby’s condition continued to deteriorate and he eventually became severely bradycardic and hypoxic. After the baby was taken to the catheterization lab, he suffered cardiac arrest, ultimately leading to severe and permanent brain damage. The constriction that had developed in the anomalous connection could not be successfully treated, and he was placed on ECMO after leaving the catheterization lab.
The defense argued that the baby’s condition suddenly and rapidly deteriorated without warning, and that they took reasonable steps but the outcome was inevitable. The defense further argued that earlier surgery was not required under the circumstances.
The parties settled the Michigan medical malpractice claims for $9 million.
If you or your baby suffered serious injury (or worse) as a result of medical negligence in Michigan or in another U.S. state, you should promptly find a Michigan medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you and your baby in a medical malpractice case, if appropriate.
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