$2,000,000 Wrongful Death

Injuries: Medical malpractice arising from medication errors at Boston hospital, resulting in wrongful death of twelve year old girl.

Amount of Settlement: $2,000,000.00

Plaintiffs’ Attorneys: Ronald E. Gluck and Marc L. Breakstone Boston, Massachusetts

Mediator: John Fitzgerald, Esquire

Details of the Case

In February, 2003 the plaintiff’s daughter, a 12 year old girl with Down syndrome, was scheduled to undergo an MRI to rule out seizure activity. The defendant pediatrician prescribed a sedative to ensure that she remained still in the MRI machine. He consulted a treating cardiologist to determine the proper dose of sedative, but incorrectly transcribed that information resulting in an order for an overdose of four times the recommended dose. The defendant nurse failed to question the lethal dose and brought the prescription to the defendant hospital pharmacist who filled it in spite of concerns about the high dosage. The sedative was mixed in a cup of juice and given to the girl to drink.

Shortly after the girl was placed in the MRI machine, she suffered cardiopulmonary arrest resulting in a severe anoxic brain injury and her death, two days later. The girl, though significantly impaired by Down syndrome, was a vibrant member of her family and community. She was an active participant in her special education program at school and was a beloved member of her church. She left a mother and five siblings.

The case settled one month after an all day mediation due to the persistent efforts of the mediator to get the case resolved.

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