A Suffolk County, Massachusetts jury awarded $15 million to the family of a three-year old Jason Fox who died as the result of medical malpractice on the part of the Children’s Hospital of Boston.
At birth, the boy, Jason Fox, was diagnosed Tetralogy of Fallot, a condition that affects the flow of blood through the heart. While the condition is generally treatable, in Jason’s case the defect was so serious that it reduced the amount of oxygen flowing to his organs and limbs.
Jason underwent open heart surgery and numerous heart catheterizations at the Children’s Hospital of Philadelphia, all to no avail. Doctors there then recommended that Jason see Dr. James Lock, Physician in Chief of the Children’s Hospital of Boston. Dr. Lock helped pioneer the use of catheterization to repair cardiac birth defects. The Fox family flew to Boston, where Dr. Lock and his staff began treatment.
Unfortunately, during the second catheterization procedure performed by Dr. Lock, Jason suffered a seizure. A CAT scan showed that contrast dye used in the catheterization procedure had leaked into Jason’s brain. The boy was rushed to the Intensive Care Unit where he was administered two MRIs designed to judge the extent of the damage. The results were astounding. The images showed a piece of metal lodged in Jason’s brain. The metal was most likely from a medical instrument that had broken off during a surgical procedure performed either at the Children’s Hospital of Boston, or at a previous hospital. Jason was subsequently released from the hospital, unable to walk or speak. Tragically, he died soon after his release.
In breaking down the verdict, the jury awarded $5 million for Jason’s pain and suffering, $5 million for the parents’ loss and $5 million for wrongful death. Some critics called the jury award shocking, noting that cases resulting in death are generally not worth as much as cases where the victim lives and will suffer ongoing pain and expensive and difficult long-term medical treatments. But despite the award, no amount of money will bring Jason back to his parents.
Medical Malpractice
Medical malpractice is professional negligence, by act or omission, by a health care provider in which the care provided deviates from accepted standards of medical practice and causes injury or death to a patient. Malpractice lawsuits are complex in nature and are often difficult to prove. Medical malpractice affects the quality of life for not only the victim, but the victim’s family, friends and loved ones. The lawyers at www.pamedicalmalpracticeattorney.com are experienced and successful in the area of medical malpractice lawsuits. For a free and confidential consultation, please visit www.pamedicalmalpracticeattorney.com and fill out our “Get Help Now” section.
