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Negligence of Contract Nursing Company Leads to Severe Brain Injury of Toddler

Practice Area: Catastrophic Loss - Wrongful Death
Client: Jane Doe, individually and as parent and natural Guardian of her daughter, a minor

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Alters Law Firm Attorney
   Jeremy Alters (View Profile)

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  Case Description:

Settlement: $10,575,000.00

Case Style: Jane Doe v. Contract Nursing Company

Court: 6th Judicial Circuit in Pinellas County, Florida

Judge: Honorable Bruce Boyer

Date: January, 2005

Defense Attorneys: Richards H. Ford, Esq. of Wicker, Smith in Orlando, FL



  Facts And Allegations

On March 24, 2000, Plaintiff went to a meeting at the Social Security Offices in Pinellas County. She took her young daughter with her. The child had a heart condition and at the time of the incident, had a tracheotomy which was to be reversed in the near future. While at the meeting, Plaintiff heard her daughter start to gurgle. She reacted as she was trained to do and she started to suction the trach tube. When that didn't work, she tried saline bullets but the plug would not come out. She went into her diaper bag to get the spare trach which was always in the diaper bag but it wasn't there. A panic alarm was set off and paramedics called but unfortunately the baby sustained severe brain injury as a result of the loss of oxygen. The Contract Nursing Company's nurses were assigned to care for Jaceia. One of their duties was to prepare her diaper bag with everything she needed in case of an emergency, including a spare trach. The nurse that was on call the night before the incident, had removed the trach from the diaper bag and failed to replace it.

Plaintiff's Counsel alleged that The Contract Nursing Company, through its agent, was negligent and directly responsible for the daughter's brain damage. If the spare trach would have been in the diaper bag, as it was supposed to be, Plaintiff would have changed the trach as she had been trained.

Defendant tried to claim that Plaintiff was comparatively negligent in this matter and that their nurse had acted appropriately.

Injuries & Damages

Severe brain damage

Result

Case settled at the courthouse the day the trial was set to begin. Thought to be the largest single claimant settlement in Pinellas County.