$12.5 Million Medical Malpractice Settlement; Largest Reported in Peoria County

David J. Pritchard and Patrick A. Salvi of Salvi, Schostok & Pritchard P.C., announced a $12.5 million medical malpractice settlement on behalf of a family whose newborn child suffered brain injury as a result of the improper placement of a feeding tube.

On October 5, 2003 the infant was born several weeks premature, but in stable condition. The baby was placed in a special unit in the hospital so that he could grow and further develop prior to discharge. At around three weeks of age, a feeding tube was inserted so that the baby could receive his routine two hour feeding. Unfortunately, the tube was placed into the lung space rather than into the stomach, and the next three feedings were each given into the lung space.

After the third such feeding, the baby suffered respiratory arrest. Emergency resuscitation measures were immediately begun, but were initially uncase-resultsful because no one suspected the real cause of the arrest. During the course of the resuscitation, a chest tube was placed into the lung for a possible pnuemothorax, and milk immediately began to flow out of the chest tube. With this knowledge the resuscitation team was able to revive the infant, but oxygen deprivation had already caused brain damage.

The child, now 5½ years old, suffers from brain damage and spastic quadriplegia. These injuries are permanent, and will have a profound effect not only on the child, but on his parents who have had to provide 24-hour care for their child since the time of this incident.

“This tragic situation is only made worse by the knowledge that this could have been totally avoided if routine tube placement verification procedures had been followed by the nursing staff,” said attorney David J. Pritchard, “Nonetheless, the family is grateful that the hospital has stepped forward to settle this case and to make sure the child receives the best of care.”

For more information on this case, David Pritchard, Patrick Salvi or the law firm Salvi, Schostok & Pritchard P.C., please contact Christina Solomon at 312-372-1227 or csolomon@salvilaw.com.