$15 Million Verdict for Tulsa Family After Missed ER Diagnosis
A Tulsa County jury has returned a $15 million verdict for the family of a young child who suffered permanent brain damage and lifelong disabilities after a bacterial infection was misdiagnosed and left untreated by an emergency department physician.
The verdict was secured by Wais Vogelstein Forman Koch & Norman partner Sharon Morgan and associate Natalie D’Antonio, along with co-counsel Jeff Rasansky, following trial in the District Court of Tulsa County, Oklahoma.
What Happened
Our client was just five months old when she was brought to the hospital in 2018 with a four-day fever, vomiting, decreased urine output, and decreased activity. A complete blood count ordered by the on-call pediatric emergency department physician revealed a significantly elevated white blood cell count and elevated neutrophils, findings consistent with a serious bacterial infection.
Despite those findings, the child was diagnosed with a viral illness and discharged without a blood culture or antibiotic treatment.
Two days later, she returned to the hospital in critical condition. A lumbar puncture ultimately confirmed a Streptococcus pneumoniae infection. By that time, the infection had progressed, causing multiple strokes and permanent brain damage.
Today, our client lives with spastic hemiplegia along with significant developmental and physical delays. She requires lifelong medical care, including physical, occupational, and speech therapy, as well as ongoing specialized support to address her cognitive and motor impairments.
The Standard of Care
At trial, plaintiffs’ experts testified that the standard of care required a blood culture during the initial emergency department visit. An earlier diagnosis and timely treatment would have prevented the catastrophic injuries our client suffered.
A Verdict That Secures Lifelong Care
“This verdict represents accountability for a devastating and preventable failure in medical care,” said Keith Forman, Managing Partner at Wais Vogelstein Forman Koch & Norman. “Sharon, Natalie, and Jeff delivered an extraordinary result for a family whose lives were permanently changed, and we are proud to have helped secure the resources this child will need for lifelong care and support.”
The verdict reflects the lifetime costs of medical care, therapy, equipment, and support services our client will require, as well as the harm caused by the missed diagnosis.
If Your Child Was Harmed by a Missed Diagnosis
If your child suffered brain damage, developmental delay, cerebral palsy, or another serious injury that you believe may have been caused by a missed or delayed diagnosis, our firm can help. We have recovered more than $500 million in verdicts and settlements for families over the past decade, including the largest birth injury and medical malpractice verdict in U.S. history.
Schedule a free consultation or call 410-998-3600 to speak with our team.
