$3.8 Million Medical Malpractice Settlement For Cerebral Palsy Victim

In 1992, the misdiagnosis of a 1-year old suffering from pneumonia caused the infant to suffer septic shock and acute respiratory distress, requiring her to be put on a respirator. Now an adult, the 22-year old woman suffers from cerebral palsy caused by brain damage due to lack of oxygen, and will never live independently. A lawsuit was filed against the hospital and medical providers by the woman's guardian ad litem. Plaintiff's experts argued that, had diagnostic tests been performed, they would have revealed the treatable pneumonia condition and prevented injury.  Defense experts disputed the brain damage and argued that the pneumonia would have worsened, regardless of care.  The case settled in pre-trial mediation.