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Case of the Month July 2019

Newborn Suffers Permanent Brain Damage

C.H. v. Thedacare Medical Center

Case Type:
Medical Malpractice - Hospital
Medical Malpractice - Diagnosis
Medical Malpractice - Delayed Treatment

Specific Liability:
Delay in diagnosing Argininosuccinic acid lyase deficiency

General Injury:
Severe, permanent and irreversible brain damage and permanent disability

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Related Court Documents:
Plaintiffs' complaint: 2015 WL 13807253
Petition for approval of minor settlement: 2018 WL 8129766
Order for approval of minor settlement: 2018 WL 8131777

Case Name:
C.H., Pro Ami v. Thedacare Medical Center - New Londong, Inc. d/b/a New London Family Medical Center; MMIC Health IT, Inc. d/b/a Midwest Medical Ins. Co.

Docket/File Number:
2015-CV-000078

Result Amount:
$1,850,000
Judge Reduced Award To: $154,413

Result Date:
October 02, 2018

Judge:
John A. Des Jardins

Attorneys:
Plaintiff: Tara R. Devine, Salvi, Schostok & Pritchard P.C., Chicago, IL
Plaintiff: Elizabeth R. Olszewski, Salvi, Schostok & Pritchard P.C., Waukegan, IL
Defendant: Mark T. Budzinski, Corneille Law Group L.L.C., Green Bay, WI
Defendant: Adam M. Fitzpatrick, Cornielle Law Group L.L.C., Madison, WI
Defendant: David J. Pliner, Corneille Law Group L.L.C., Green Bay, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total Compensatory Award: $1,850,000

Summary of Facts:
C.H., a newborn, reportedly suffered severe, permanent and irreversible brain damage and was permanently disabled following his birth at defendant Thedacare Medical Center - New London, Inc. d/b/a New London Family Medical Center as a result of a delay in diagnosing Argininosuccinic acid lyase deficiency. The plaintiff contended that employees of the defendant failed to timely submit the newborn care screening specimen for testing, failed to recognize the newborn's signs and symptoms required further evaluation and work-up prior to discharge, prematurely discharged the newborn, and failed to order necessary follow-up treatment at the time of discharge. C.H. received $725,000, which was used to fund a structured settlement, and his parents received $167,500 for loss of consortium.

Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Westlaw Citation:
2018 WL 8244286