$30 Million Awarded in Medical Malpractice Lawsuit

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June 15th, 2006

"$30 Million Awarded in Lawsuit"

The family of a 5-year-old boy who suffered severe cognitive and developmental deficiencies as a result of improperly administered medication was recently awarded $30 million in damages by a Philadelphia jury.

Daniel Keenan, a twin, suffered from regular spasms after his breech birth in November 2000. His condition required frequent hospitalizations and eventually daytime nursing care.

Betty Jean and Gerald Keenan, Daniel''s parents, alleged that Daniel could have recovered from his condition had he not suffered a massive stroke. According to their petition, Daniel''s stroke was a result of the improper treatment of a blood clot in March 2002.

The lawsuit claimed that medical staff at Children''s Hospital of Philadelphia treated Daniel with a clot-busting agent but their lack of a proper protocol for the administration of the medication led to a failure to timely recognize and treat his stroke.

The defendants, who included the hospital and a number of doctors, argued that Daniel''s severe retardation and developmental difficulties were brought on by West syndrome – a condition that causes seizures and spasms – and not his stroke.

Late in May, the jury decided against the defendants, finding the hospital 50 percent liable and two of the six doctors each 25 percent liable.

The damages awarded include past and future medical costs and pain and suffering. The verdict is the largest awarded for medical malpractice in Philadelphia in years.