Medical Malpractice and Personal Injury Lawyers, Strokes, Brain Injury and Breast Cancer Malpractice - Duffy Duffy and Burdo - Medical Malpractice Attorneys based in New York

The plaintiff's decedent was born on January 24, 1999. At age (4) four she was diagnosed at Stony Brook University Hospital with an acquired hydrocephalus of unknown etiology. Thereafter, she came under the care of Dr. Michael Egnor, a pediatric neurosurgeon, who inserted a ventriculoperiteoneal shunt. However, on March 4, 2004, the plaintiff's decedent, now age 5, complained of headaches and vomiting. She had an abnormal neurological examination at the pediatrician's office that day and was sent to Stony Brook University Hospital' s (SBUH) urgent care clinic. Dr. Robert Galler, an adult neurosurgeon, was covering for Dr. Michael Egnor, the only pediatric neurosurgeon at SBUH at that time. A shuntogram and head CT Scan were obtained which revealed marked dilatation/enlargement of the ventricles. Her shunt was determined to be malfunctioning. A procedure to replace the shunt catheter was performed on March 4, 2004 by Dr. Robert Galler.

Post-operatively, after a short stay in the adult ICU, the plaintiff's decedent was transferred to a regular floor. The next morning on March 5, 2004, the plaintiff's decedent was found to be in respiratory distress and a Code was called, shortly after which time she was pronounced dead. It is alleged that defendant provided negligent post-operative monitoring and care of the infant plaintiff and that the infant plaintiff should have been placed and maintained in the ICU. Further, there was an order for vital sign and neurological checks to be performed every (4) four hours and then every (8) eight hours. Plaintiff alleged that such a monitoring schedule was inadequate and that the infant should have been monitored more frequently, so as to timely detect any instability and allow time to order appropriate tests, such as a stat CT scan, if necessary. At no time was there a level of consciousness evaluation performed after the revision surgery. Moreover, the records indicate that the infant plaintiff had a borderline elevated blood pressure and a decreased heart rate, both known to be caused by compression of the brain stem due to increased intra cranial pressure. Yet, there was no recognition of same, no increased monitoring, no transfer to the ICU and no CT scan ordered, which would have revealed that the shunt was not draining and surgery was needed immediately. The infant plaintiff also was not placed on a pulse oximeter once she was transferred to the regular floor. It was alleged that a pulse oximeter would have picked up the respiratory distress as a sign of increased pressure in the brain. In addition, post-operatively the infant plaintiff was vomiting, drowsy and complained of a headache, for which she was given Tylenol. These are all signs and symptoms consistent with hydrocephalus and therefore, indications that the shunt was malfunctioning. Despite this, the child was not examined by a physician for these symptoms. An autopsy revealed a blood clot around the catheter causing the shunt to become clogged and malfunction. Further, the infant plaintiff's ventricles were massively dilated and associated intra axial compression of the brain and downward herniation, all which led to her death. The plaintiff's decedent died within 12 hours of the surgery.

RESULT Prior to depositions the case was resolved on behalf of Respondent, State of New York for a total of $500,000.00.