Family Awarded $16.5 M in Baby Brain Damage Case

Contact a Medical Malpractice Lawyer

October 23rd, 2006

"Baby Awarded $16.5 M In Brain Damage Case"

The family of a one-year-old baby who was left severely brain damaged as a result of medical negligence in an army hospital was awarded $16.5 million for their losses and suffering.

Izzy Peterson was born healthy in January 2005 before a doctor mistakenly gave him what she thought was oxygen to boost his breathing. However, for about 41 minutes, Izzy was inhaling carbon dioxide, which slowly made its mark on his newborn body.

“It''s an unbelievable tragedy,” said Rick Fried, the family''s lawyer. “His brain has been wiped out by the carbon dioxide.”

Now the one-year-old requires around-the-clock professional care, cannot breath on his own, and eats through a tube in his stomach. Izzy is expected to die before his thirtieth birthday.

Details of the Lawsuit

The child''s parents filed a medical malpractice lawsuit against Tripler Army Medical Center, claiming that their son''s condition was a direct result of “gross negligence” on the part of the doctor.

The government admitted fault and the suit, which went to trial in August, focused only on the amount of compensation that should be awarded.

District Judge David Ezra found the hospital liable for the damages and ordered the federal government to pay $16.5 million in damages to the child''s family. The compensation award is one of the largest ever given to a single individual in a personal injury case in Hawaii.

The verdict includes $12.4 million for future life and medical care expenses in addition to $1.5 for loss of future income capacity.

Harmed by medical negligence? Please contact us today to consult with a qualified and caring medical malpractice attorney who can inform you of your legal rights and options.