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Jury Awards $15 Million in Boy’s Death

One of the country’s most prestigious hospitals has been named in a medical malpractice suit in the wrongful death of a 3 year old boy, and the jury has found against them awarding $15 million to the boy’s parents.

In April 2003, Jason Fox was brought to Children’s Hospital Boston by his parents to undergo a groundbreaking procedure to widen his pulmonary arteries.  Jason suffered from a birth defect called Tetralogy of Fallot, which affects blood flow through the heart.

Doctors in Fox’s native state of Pennsylvania treated the boy several times in his short life before referring him to the renowned Boston hospital for further work.

According to the medical malpractice lawsuit, Jason suffered complications just hours after the procedure.  He suffered a seizure and it was discovered during a CAT scan that some of the contrast dye used during the procedure had leaked into the boy’s brain.

Following the seizure, Jason was then transferred to the ICU and underwent two MRI’s to gauge the extent of any brain damage suffered.  At that point, it was discovered that a small piece of metal, likely from a medical instrument, was lodged in the boy’s brain.

According to the wrongful death lawsuit, Jason went into the hospital “a playful and active little boy” and left unable to walk or speak.   He ultimately died in December 2004.

It took the jury four days to deliberate and reach their decision.  The award was to account for $5 million for Jason’s pain and suffering, $5 million for the child’s wrongful death, and $5 million to Jason’s parents for the loss of their child.  Because of an agreement made prior to the conclusion of the trial, however, the total verdict will be reduced, although it is not clear how much.

Some medical errors can result in the ultimate sacrifice – a human life.  If you have lost a loved one and feel it may be due to a doctor or hospital’s negligence, get in touch with a medical attorney to find out for sure.  You may be entitled to compensation for your loss.

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