$2,300,000 Settlement for Baby Harmed by Negligence of Pediatrician

Partners Jeffrey A. Block and S. Joseph Donahue obtained the settlement for our client whose large intestine was removed after his pediatrician failed to diagnose him with a gastrointestinal condition.

Court and County 

Supreme Court, Suffolk County

Signs of Life-Threatening Disease Ignored in Newborn

Our infant client was only one month old when he visited a covering pediatrician who was concerned that he had an enlarged colon, possibly a result of Hirschsprung’s disease. This serious condition occurs when absent nerve cells prevent fecal matter from moving through the colon. It can be life-threatening if not addressed but is easily treated with a single surgery when properly identified.

The covering pediatrician sent a letter to our client’s primary pediatrician, which was never received. Over the course of seven months and 18 visits, the primary doctor failed to identify the condition despite our client’s continued symptoms, including constipation, swollen abdominal, diarrhea, and vomiting after feeding.

Failure to Diagnose Leads to Preventable Emergency Surgeries and a Long, Painful Recovery

At eight months old, our client was taken to his primary pediatrician with a fever but was sent home. Later that evening, his concerned parents took him to St. Charles Hospital in Port Jefferson. They found that he was septic and had a hole in the wall of his intestines, a result of untreated Hirschsprung’s disease.

The baby was transferred to Stony Brook University Medical Center for an emergency removal of the left and transverse large intestines. When he did not get better, his entire large intestine was removed. He suffered multiple infections necessitating additional surgeries and spent a large part of the next few months in and out of the hospital.

While his condition improved significantly as he got older, earlier diagnosis and treatment of Hirschsprung’s disease could have prevented our client’s long and painful recovery.

Proving Negligent Primary Pediatrician Caused Treatable Disease to Escalate

Partners Jeffrey A. Block and S. Joseph Donahue needed to show that the doctor was negligent in his failure to diagnose our client.

The primary pediatrician claimed that our client did not present signs of Hirschsprung’s disease, but our attorneys discovered known symptoms of the condition in his notes. They also learned that he diagnosed the baby with a gastrointestinal tract infection. The doctor admitted in deposition that there were multiple issues that could cause infection, including Hirschsprung’s disease. Still, he did not test for the disease.  

Our attorneys also deposed the nurse practitioner who treated our client and had the ability to examine and diagnose patients. She recalled all positive findings based on her memories of our client’s visits, but Mr. Block and Mr. Donahue argued that her notes lacked details. They also got her to admit that she was not aware of the signs or symptoms of Hirschsprung’s disease and never considered it.

In addition to the deposition of key witnesses, Mr. Block and Mr. Donahue spoke with medical experts who reviewed our client’s records. They identified key moments in our client’s treatment where the doctor should have referred to a gastroenterologist or performed a diagnostic procedure. This included the baby’s failure to produce stool without stimulation on his second day of life, difficulties gaining weight, and continued constipation issues.

It was clear that the primary pediatrician should have diagnosed our client and was responsible for the unnecessary progression of his disease.  Ultimately, the case was settled for the primary pediatrician’s entire insurance policy limit. This settlement was placed into a structure, which is expected to pay the child over $18,000,000. We hope that after this traumatic beginning, he can live a full and happy life with the help of these funds.

Settlement Amount 

This case settled for $2,300,000, with a lifetime expected payout of $18,074,933.

Handling Attorneys 

This case was handled by partners Jeffrey A. Block and S. Joseph Donahue.