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Our Attorneys Obtain $3.825 Million on Behalf of Infant Respiratory Distress Victim

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Our experienced pediatric malpractice attorneys obtained $3,825,000 on behalf of a young girl who suffered significant brain damage due to undiagnosed infant respiratory distress in Essex County, New Jersey.

Due to the negligence of the medical professionals responsible for diagnosing and treating her acute respiratory condition, the victim suffered severe brain injuries and permanent complications. After sustaining brain damage due to lack of oxygen, she was diagnosed with Hypoxic Ischemic Encephalopathy (HIE), Motor and Language Delay, and spastic quardiparesis. Spastic quardiparesis is a type of spastic cerebral palsy that affects the arms and legs.

Now, the child has difficulty walking, limited motor capabilities, limited communication skills, and a seizure disorder. She is unable to live independently without lifelong supervision. The costs of the medical and non-medical services she needs will place a significant financial burden on her family throughout her lifetime. After bringing a lawsuit for pediatric malpractice, our attorneys were able to secure the compensation necessary to alleviate some of the strain placed on her family, who have suffered enough.

What happens when a doctor fails to diagnose and treat infant respiratory distress?

The victim in this case, then 18 months, was brought to a pediatrician’s office in West Caldwell, New Jersey four times over the course of three days. During these visits, she was evaluated by several different pediatricians. Her initial symptoms included fever, cough, sore throat, and gastrointestinal upset, including diarrhea and vomiting. Eventually, one of her doctors decided to transfer her to a hospital for emergency treatment.

Once at the hospital in Livingston, NJ, the victim was evaluated and admitted. However, physicians chose solely to treat her for gastroenteritis and dehydration despite worsening respiratory distress. Although her condition was deteriorating and she presented with signs of significant respiratory distress, the doctors and nurses entrusted with her care failed to take action to address the clear and present danger.

Shortly thereafter, the child was emergently transferred to another hospital located in Newark, NJ, because her current medical facility lacked a pediatric intensive care unit capable of caring for a pediatric patient with respiratory failure. Shortly after her arrival in the ICU, she was diagnosed with sepsis syndrome and acute respiratory distress syndrome (ARDS) and was intubated.

The prolonged period of oxygen deprivation resulted in lack of oxygen to her brain. Without the continued oxygen the brain requires to function properly, brain cells begin to die. Tragically, the effects of medical malpractice in this child’s case were irreversible.

What should I do if my child has brain injuries from an undiagnosed medical condition?

Sometimes, doctors cause brain damage to children through delayed action or failure to take any action at all. This type of medical negligence may affect a baby in the womb, throughout the labor and delivery process, or in the formative years of a child’s life. Regardless of when a child suffers a brain injury, parents and caregivers have legal avenues through which to hold medical professionals accountable for providing substandard care. Our skilled attorneys are dedicated to fighting for children who suffer harm resulting from medical malpractice in New Jersey. We have advocated for countless families like yours and are available anytime to provide you with a free case evaluation. Call 866-708-8617 or contact us online for the answers you need now.

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  • How do I know if my child has a pediatric malpractice case?

    If your child suffered an injury, complications, or a medical condition resulting from medical negligence, you may have grounds for a pediatric malpractice or birth injury lawsuit. Learn more.

  • How can I get help to pay for my child's medical bills?

    If a doctor, nurse, hospital, or other healthcare provider failed to provide adequate care for your child and they suffered harm, you can pursue compensation for medical expenses, pain and suffering, and more. Find out about damages.

  • How long do I have to file a pediatric malpractice claim?

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