Mother and Son Win Medical Malpractice Case


images (32)A jury in the Philadelphia Common Pleas Court has awarded $10.1 million to a mother and her son after physicians at Children’s Hospital of Philadelphia failed to timely diagnose his bacterial meningitis even after several trips to the hospital emergency room.

According to the complaint, Shamir Tillery, now 6, suffers from hearing loss, language disorder, developmental and learning delays, and a loss of balance after contracting meningitis when he was just 11 months old.

The boy’s mother first took him to the emergency room at Children’s Hospital of Philadelphia on December 21, 2009 after the infant had been sick for several days with fever and other related symptoms. Attending physicians at hospital initially diagnosed Shamir with an upper respiratory infection and sent him home with little in the way of treatment.

The infant Shamir’s condition worsened and he was taken back to the hospital the following day with a high fever and abnormal respiratory rate and elevated heartbeat. It was not until midnight and a third trip to the emergency room that bloodwork done on Shamir would reveal the presence of a bacterial infection. It was not until 3:00 a.m. the following day that the full extent of the infection was known. Attorneys for the plaintiffs asserted that the Children’s Hospital of Philadelphia physicians should have tested Shamir for infection sooner. The result of the medical negligence has left Shamir permanently developmentally disabled.

By the time the infection was being properly diagnosed and treated, permanent damage to Shamir’s brain and little body had already been done. Attorneys for the Children’s Hospital of Philadelphia said that the child’s symptoms were consistent with bronchitis and that the child’s condition did seem to improve after treatments given to him at the hospital.

The jury deliberated for only three hours in order to find for Shamir and his mother. The $10.1 million awarded to the plaintiffs in the case includes $1.5 million for future medical care, $1.1 million for loss of earnings, and $7.5 million for pain and suffering.

Patients are right to expect excellence from their doctors and other healthcare professionals. Health care providers such as doctors and nurses are held to a set of standards just as any other professional is. Such standards of care insure that every patient gets the best care possible. When this is not provided to patients, that is when the services of an experienced malpractice attorney are essential.

If you or a loved one believes they have suffered as a result of medical malpractice, contact the law offices of Bottar Leone, PLLC today. We will take the time to carefully evaluate your claim. One of our attorneys can then begin the process of getting you and your loved ones the compensation you deserve. Call us today for a free consultation and legal analysis.

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