New Hampshire Trial Lawyers Association Verdict and Settlement Form
Case Title: Anonymous Parents and Son v. Anonymous Hospital
County: Hillsborough -Northern District
Date of Injury: September 11, 2003
This is a medical negligence claim arising out of the defendant’s medical care and treatment of the plaintiff, a 14-year old non-verbal, quadriplegic boy with cerebral palsy caused by an injury negligently inflicted at his birth. The defendant is an area hospital and was acting through its pediatric nursing staff. On September 11, 2003, the plaintiff presented to the defendant Hospital for monitoring of a fever and rehydration with IV fluids. During the plaintiff’s admission to the pediatric floor of the anonymous Hospital, the defendant’s nursing staff failed to monitor the plaintiff’s condition, status, and IV infusion due to an alleged training session for new nurses. Because no one on the defendant’s nursing staff monitored the condition of this non-verbal, quadriplegic boy with cerebral palsy caused by prior medical negligence, the plaintiff’s IV extravasated into the placement site for at least four hours, which forced this helpless 14-year old boy to suffer continued infiltration of IV fluids into his hand, burning his hand to the point that all of the skin at the extravasation site sloughed off, resulting in permanent scarring, extreme pain and suffering, and extreme emotional distress.
Plaintiffs: Male, age 14
Adult Male, Father
Adult Female, Mother
Plaintiff’s Theory of Liability:
The defendant’s nursing staff failed to monitor the plaintiff’s condition, failed to monitor the plaintiff’s IV infusion, failed to diagnose and treat the plaintiff’s extravasated IV site, failed to properly manage or otherwise provide additional appropriate care and treatment, failed to properly report the plaintiff’s condition, failed to properly institute appropriate consideration, care and treatment, failed to seek necessary and appropriate instructions or medical advice and otherwise failed to exercise due care.
Defendant: Anonymous Hospital
Nature of Defense: The defendant denied negligence.
Injuries (diagnosis / prognosis / permanency):
The plaintiff suffered profound injuries including, but not limited to, continued infiltration of IV fluids into his hand, resulting in severe burns and sloughed removal of skin, permanent scarring, extreme pain and suffering and other injuries and impairments, causing him to incur substantial medical and hospital expenses, therapy expenses, and other extraordinary expenses, physical pain, emotional suffering, loss of enjoyment of life, and other injuries and losses. The plaintiff’s parents incurred substantial medical expenses and suffered severe emotional distress caused by this second injury to their son caused by medical negligence.
Settlement / Verdict: Confidential minor’s settlement arrived at on date suit was filed.
Plaintiff’s counsel: Mark A. Abramson and Holly B. Haines