Medical Malpractice in New York

$400,000 Recovery for case involving death of 3 year-old boy

Just prior to jury selection, Jason Rubin settled a medical malpractice case for $400,000. The case involved the death of a three year old boy who was brought to the defendant hospital by his mother because he had vomited multiple times the night before. He was diagnosed with dehydration and, as treatment; he was given multiple boluses of fluid. Despite the administration of fluid, the boy's condition continued to worsen. When he was finally evaluated by a pediatric cardiologist many hours after his admission, he was diagnosed with a condition known as myocarditis- inflammation of the muscular walls of the heart. Later that night, he passed away.

Had the case gone to trial, Jason would have presented evidence that the boy's condition was not consistent with dehydration because he did not improve with fluid administration and because he required supplemental oxygen to keep his blood oxygen saturation in the normal range. Accordingly, the cardiologist should have evaluated the patient sooner, which would have likely lead to an earlier diagnosis and timely treatment. Evidence also would have been presented that administration of fluid is contraindicated for a patient with myocarditis and that the multiple boluses given to the child was a substantial factor leading to his death.

This was a substantial recovery for a death of a young child, we think because the liability Jason developed was overwhelming and there would have been a strong jury reaction to the parents' very sympathetic account of the events leading up to their son's death.

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