The plaintiffs brought their five-month-old infant to the renal clinic of Hospital A in November 2006. The infant had Tetralogy of Fallot and had been receiving treatment at Hospital A. This visit was prompted by vomiting. The infant was admitted with low blood oxygen level and high respiratory level. While the infant was in a continuously monitored bed, her mother discovered that she was not breathing and notified the nursing staff.

The nurse carrying the alarm pager that was linked to the monitor never responded and the infant died.

The plaintiffs claimed that the initial finding of respiratory distress was inappropriately evaluated by the resident physicians, two of whom were interns.

The plaintiffs also contended that the nurses failed to properly monitor the infant.

The plaintiff additionally claimed that the hospital should not have allowed the infant, who had known heart and kidney problems, to be under the primary care of inexperienced interns when she arrived noticeably ill.

The plaintiff also claimed that the nurse was a recent nursing school graduate still in her orientation phase at the hospital, and should not have been carrying the alarm pager.

The plaintiff also alleged negligence in the failure to respond when the infant stopped breathing.

The defendants claimed that the team handling the infant’s care was properly experienced and that the hospital, as a teaching hospital, had a proper plan in place for treatment. The defendant also claimed that there was no negligence and pointed to the fact that the infant had extreme cardiac and kidney congenital problems.

According to a published account a $1,223,750 verdict was returned with the nurse fifteen percent at fault.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.