$6,000,000 Settlement for Failure to Diagnose Surgical Abdomen

Partner David Fried represented a 16-year-old boy who presented to a hospital’s emergency room complaining of abdominal pain. He was diagnosed with a stomach virus, given fluids and pain medication and was sent home. Four hours later, the boy vomited “coffee ground”-like blood and returned to the emergency room, where he was incorrectly worked-up as a stroke and cardiac patient; all radiology tests run for those issues came back negative. At that point the doctor’s had not ordered any scans of his abdomen. The doctors then ordered an upper endoscopy which was delayed for 8 hours and then came back normal. The doctors, assuming that the boy may have an abdominal condition requiring surgery, then ordered a CAT scan of the boy’s abdomen which also was delayed for approximately 8 hours. The results of the CAT scan were relayed to the treating doctors. However, due to a series of miscommunications surgical intervention was delayed. A total of 30 hours in delays before surgery resulted in progression of the boy’s condition, causing him to lose most of his bowel, resulting in “short gut syndrome”, the need for a permanent tube feeding port, and TPN feedings several days per week. His condition requires him to live at home, and so he was unable to pursue his preferred college education. David was able to settle this claim for $6,000,000.