Michigan, US – 25th September, 2018: An Oakland County jury awarded a family more than $130 million in damages in a medical malpractice lawsuit filed against Beaumont Hospital after a child sustained severe brain damage, resulting in cerebral palsy, while receiving care at its Royal Oak facility.
The jury award Monday came after a three-week civil trial in Oakland County Circuit Court, and is believed to be the one of the largest jury settlements in Michigan history, according to the law firm that filed the lawsuit.
“Nothing will ease the suffering of this child, but at least this settlement will alleviate some of the financial burden from his caretakers,” Brian McKeen, managing partner of McKeen & Associates, said in a news release Tuesday. “I’m grateful for the jurors' service and gratified they agreed that this was a preventable tragedy."
The hospital in a statement Tuesday said it planned to appeal.
"We are committed to providing extraordinary care, every day. We took this case before a jury because we believe the care we delivered was appropriate. Even though the dollar amount of the verdict will be substantially reduced due to applicable law, we stand by the care we provided and are appealing," the hospital said.
The lawsuit was filed in 2016 on behalf of Yen Tran and her son, Vinh Tran, who was 2 months old when the injury occurred in 2006. The boy is 12 now and is a "charming and beautiful boy," McKeen said, but requires help getting in and out of a bathtub, among other medical needs.
He said the boy's mother works full-time caring for her son.
According to the complaint, the boy was born prematurely but was healthy at birth and discharged within 48 hours. Prenatally, it stated, he developed a urologic condition called hydronephrosis, a mild swelling of the kidneys, a condition that would need further investigation after he was born.
When he was 2 weeks old, he underwent an ultrasound that showed the condition and he was to undergo a renal scan. He also was diagnosed with lupus, but a physical exam and ECG showed no evidence of cardiac involvement, according to the complaint.
In March 2006, the boy went to the Royal Oak hospital for the renal scan, which required an IV line. McKeen said hospital personnel had difficulty establishing the line and once it was established, the boy's condition "changed dramatically."
He said the mother tried to report the child was turning blue. He said personnel didn't do an immediate call for a code blue. McKeen said personnel neglected to check a pulse and provide chest compressions, but did perform rescue breaths.
He said the boy suffered a lack of oxygen and blood to his brain, resulting in cerebral palsy.
Source: https://www.freep.com/story/news/local/michigan/oakland/2018/09/25/beaumont-hospital-royal-oak-medical-malpractice/1423035002/