$1.4 Million Settlement After Confusion Over Baby’s Heart Report Results in Death

This tragic case involved a two week-old baby who died after his treatment team failed to act on alarming test results. Attorneys Jonathan M. Petty and Brielle Hunt negotiated the case in mediation and secured a $1.4 million settlement on behalf of the baby’s mother.

Background of the case

A 17-year-old single mother brought her 2-week-old son to a primary care physician for his first check-up. He had been born healthy with normal vital signs. The mother, a refugee who recently arrived in the U.S. and who did not speak English, reported to the doctor that she had observed him experiencing episodes of rapid heartbeat and struggling to breathe. The doctor’s examination at the time was normal, but he ordered a 12-hour pulse oximetry study to monitor the baby’s heart rate and respirations. A home health agency respiratory therapist brought the monitor to the mother’s home, instructed her to place it on the child, and retrieved it the following morning. The data from the study was significantly abnormal, demonstrating that the baby’s average heart rate was over 250 beats per minute (normal for an infant boy is 70-190 beats per minute).

Failure to report neonatal tachycardia results in tragic death

There was some uncertainty about how, when, and whether the home health agency actually delivered the results of the study to the doctor. There was a recorded phone call between the therapist and a receptionist in which the therapist stated that she wanted to make sure the doctor saw the report immediately. Nevertheless, the doctor entered a note in the baby’s chart instructing a nurse to call the baby’s mother and reassure her that the results of the study were within normal limits. The nurse used a Spanish-speaking interpreter to make that call. Six days later, the mother brought the baby to the emergency department with a sustained elevated heart rate and a pale, mottled appearance. Treatment of his heart condition was unsuccessful, and the baby died at 28 days of age.

The results of the pulse oximetry study should have triggered the diagnosis of neonatal tachycardia, which is a manageable and reversible condition that is not uncommon in newborns. Had the baby been diagnosed in a timely manner, his elevated heart rate likely would have been controlled with medication. Most children with neonatal tachycardia completely outgrow the condition by age one and live normal, healthy lives without heart issues. As a result of the failure to diagnose his condition, the baby in this case sustained irreversible and fatal damage to his heart.

The case settled in mediation for $1.4 million shortly after the plaintiff filed suit against the doctor and the home health agency.

Accountability in medical malpractice

We understand that every wrongful death case is a heartbreaking loss. However, a successful medical malpractice claim can help families seek justice and hold the negligent parties responsible. This settlement highlights the fact that medical providers must follow a standard of care. When they fail in this duty, the consequences can be fatal and carry significant legal repercussions.

How Phelan Petty can help

The attorneys at Phelan Petty are dedicated to helping victims of medical malpractice and their families seek justice and compensation. Our experienced team launches a thorough investigation into our clients’ cases, working with medical experts to identify negligence and build a strong claim. We negotiate aggressively with insurance companies and, if needed, take cases to trial to secure the maximum compensation our clients deserve. We also provide personalized support throughout the legal process, guiding clients and their families through any complexities while fighting for accountability and financial recovery. If you or a loved one has suffered due to medical negligence, Phelan Petty is here to help.

If you believe a medical provider’s mistake led to preventable complications, contact us for a free consultation.