$850,000 Recovery for Late Diagnosed Infantile Spasms
- Date: Fall 2012
- Attorney: Michael B. Zerres
- Settlement: $850,000
- Practice Areas: Medical Malpractice, Failure to Diagnose
Plaintiff, now 19 years old, was under the care of a pediatrician following her birth in 1993. On at least two office visits, her mother complained of the child doubling-up and having seizure like movements. The pediatrician mistakenly concluded that the episodes were from colic or irritable bowel syndrome, but did not consider that the child may have infantile spasms. The episodes continued and the parents brought the plaintiff to another pediatrician, who admitted the plaintiff to the hospital. A pediatric neurologist was consulted, who performed an EEG and diagnosed idiopathic infantile spasms. ACTH was started to treat the condition, but by that time sufficient brain damage had occurred to permanently harm the infant. Plaintiff would have shown that had the diagnosis been considered 1-2 months sooner, ACTH could have been started earlier, reducing the likelihood of permanent brain injury by 25%. The child subsequently required special education.