Infant Brain Damage Caused by Medical Malpractice

New York medical malpractice lawyer, Philip Russotti, of the law firm of Wingate, Russotti, Shapiro & Halperin, LLP, won a $10,200,000 settlement for an infant who has catastrophic neurologic injuries caused by brain damage that resulted from herpes that went undiagnosed in 2003. The child is unable to talk, feed himself, or walk; has quadriparesis (weakness of all four limbs, both arms and both legs); requires help for all daily activities; can only eat pureed food; has limited resolute unprompted movement; and attends physical, occupational, and speech therapies.

Multiple claims were filed on behalf of the young child against doctors, a hospital, and two medical centers. The claims proved that negligence was responsible for causing the boy to suffer serious brain damage due to the fact that he was not admitted right away; was not given a Zsank swab smear of the mouth for culture; was not admitted to receive Acyclovir; a neonatologist wasn't consulted sooner with regard to his symptoms; his condition was misdiagnosed as an oral burn; and he was given an improper consultation from an oral maxillary facial surgeon. It took almost one month for an accurate diagnosis of the infant's condition, which went untreated, causing irreversible brain damage, and ultimately, changing his entire life.

The settlement amount obtained by Mr. Russotti will not only help deter the medical professionals and establishments involved from committing similar forms of negligence, but will also help ensure that the child grows up receiving adequate medical attention and care in addition to proper therapy for cognition, movement, and speech; therefore enhancing his quality of life.

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