#8 – $2 million « Virginia Lawyers Weekly

#8 – $2 million

By Sarah Rodriguez
Published: January 14, 2009

Confidential

Type of Case: Failure to diagnose and treat bacterial infection

Court: Fairfax County Circuit Court

Attorneys: Charles J. Zauzig III, Melissa G. Ray, Woodbridge

Summary: A pediatrician concluded that a 3 1/2-year-old child with a 103-degree fever, nausea and vomiting had gastroenteritis and treated the child with intravenous fluids and antipyretics. The child developed bacterial meningitis, meningococcal type, which left the child with permanent brain damage and a profound hearing loss in both ears.

Plaintiff’s attorneys contended that the pediatrician was negligent in failing to administer antibiotics early in the treatment of the child. Defendant countered that the child did not appear to be suffering from a bacterial infection and that the infection was already in the child’s spinal column so that antibiotics would not have prevented the child’s injuries.

Verdicts of $1.93 million for the child and $70,000 for the mother were reduced to the cap of $1.65 million.

The Supreme Court of Virginia denied defendant’s petition for appeal but a petition for rehearing is pending.