Recovery in Wrongful Death of Baby from Failure to Treat Intestinal Irritation

In the case of Brewster v. Permanente Medical Group, Attorney Mazzarella recovered $204,357.86, in addition to prejudgment interest in the amount of $11,673.91 and litigation costs in the amount of $13,250.0 (totaling $229,281.77), through a four-day Binding Arbitration for the parents of a baby who died needlessly because his health care providers at Kaiser Permanente failed to treat his intestinal irritation. Baby Brewster was born with a rare intestinal condition known as Hirschsprung's Disease, which caused his colon to malfunction. His physicians at Kaiser successfully and correctly diagnosed the condition and performed the surgery necessary to treat it. Unfortunately, despite knowledge of the fact that after surgery babies born with Hirschsprung's Disease are at risk for developing enterocolitis, a potentially dangerous irritation of the intestines that can lead to intestinal infection, breakdown and death, the baby's doctors took a "wait and see" approach to signs of ongoing enterocolitis. Tragically, the condition progressed to the point that it caused sepsis (an infection in the blood stream) which was fatal.

The defense argued that the baby's doctors were not negligent because the signs of enterocolitis were not present, and that even if enterocolitis had been diagnosed, no treatment was necessary beyond that provided. In addition, the defense argued that the baby's parents were at fault for the baby's death because, despite having been told many times that there was no reason for concern, they should have taken him to the emergency room sooner. The case involved testimony of medical experts, including "dueling" pediatric gastroenterologists and pediatric surgeons, in addition to testimony by the baby's parents and his treating pediatrician and surgeon, who testified in their own defense, was presented.

Attorney Mazzarella has years of experience and success in trial and arbitration of California wrongful death cases. Only through intimate knowledge of the medicine and law, and a willingness to take the case to trial or arbitration, is there likelihood that something close to the full recovery permitted by law can be achieved.

Contact the Law Offices of Daral B. Mazzarella today

Daral B. Mazzarella focuses on personal injury, business litigation and construction defects cases in California. For an experienced San Diego accident attorney, contact the firm online or by phone at (619) 291-1222 or toll free (888) 341-4564 today. The Law Offices of Daral B. Mazzarella is located at 655 West Broadway, San Diego, CA 92101.