An Illinois medical malpractice lawsuit filed in 2009 after a botched cardiac procedure performed in November 2005 on a then 10-year-old child was recently settled for $11 million. The child’s mother had filed the Illinois medical malpractice lawsuit on behalf of her son after he suffered a ventricular septal defect during a low-risk cardiac procedure performed by the defendant physician at the defendant hospital that necessitated a heart transplant.
The child had been born with congenital heart defects that required three prior heart surgeries. The cardiac interventional procedure in 2005 was intended to address one of his heart valves by implanting a balloon inside the child’s heart valve to allow it to function better. During the procedure, the defendant physician allegedly lacerated the septum with a guide wire used during the procedure, which caused a small hole that expanded to the size of a quarter by the next morning and which required surgery that same morning.
During the surgery, another physician repaired the hole that was allegedly caused by the negligence of the defendant physician and replaced one of the child’s heart valves but complications during surgery extended what was expected to be a one-hour procedure to more than ten hours. The child was hospitalized for about ten days before he was transferred to another hospital, where he had a heart transplant about one month after the interventional procedure.
The Illinois medical malpractice plaintiff acknowledged that her child would have needed heart valve replacement surgery sometime in the future even if the defendant physician did not cause the hole to form in her son’s septum but the plaintiff alleged that the heart valve replacement surgery would not have been necessary until sometime in the future and that her son would not have required a heart transplant but for the defendant physician’s negligence in causing the hole.
The defense argued that the child would have required open heart surgery in the future even if he had not suffered the ventricular septal defect during the interventional procedure in November 2005. The defense also pointed to the child’s family history of heart problems and the weakened condition of the boy’s heart at the time of the interventional procedure as the cause of the ventricular septal defect.
The defendants had offered a combined $3 million to settle the mother’s Illinois medical malpractice lawsuit during mediation earlier this year. It was not until the case was called for a trial that the parties were able to agree on the $11 million settlement.
If you or loved one may have been harmed due to medical negligence that occurred in Illinois or in another U.S. state, you should promptly seek the advice of a local medical malpractice lawyer in Illinois or in your U.S. state who may investigate your medical negligence claim for you and represent you in a medical malpractice case, if appropriate.
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