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Boy suffered kidney failure as a result of lung infection

Amount:

$5,113,523

Type:

Decision-Plaintiff

State:

Texas

Venue:

Federal

Court:

United States District Court, Western District, San Antonio

Injury Type(s):

other-infection other-kidney transplant urological-kidney failure

Case Type:

Medical Malpractice – Failure to Admit, Failure to Treat, Negligent Treatment

Case Name:

Clarence Lee Sr. and Angelia Lee individually and as next friends of C.L., a minor v. United States of America,
No. 5:08-cv-00531

Date:

July 26, 2013

Parties

Plaintiff(s):

C.L. (Male, 2 Years), 

Angelia Lee (Female), 

Clarence Lee, Sr. (Male)

Plaintiff Attorney(s):

Jamal K. Alsaffar;
Archuleta, Alsaffar & Higginbotham;
Austin,
TX,
for
C.L., Angelia Lee, Clarence Lee, Sr.

Plaintiff Expert(s):

Alex Willingham;
M.D.;
Life Care Planning;
San Antonio,
TX called by
Jamal K. Alsaffar ■ Mark Schleiss;
M.D.;
Infectious Diseases;
St. Paul,
MN called by
Jamal K. Alsaffar ■ Sharon Andreoli;
M.D.;
Pediatric Nephrology;
Indianapolis,
IN called by
Jamal K. Alsaffar ■ Steven Shore;
M.D.;
Infectious Diseases;
Atlanta,
GA called by
Jamal K. Alsaffar ■ Thomas Mayor;
Ph.D.;
Economics;
Houston,
TX called by
Jamal K. Alsaffar ■ Michael Freeman;
Ph.D., M.P.H.;
Epidemiology;
Portland,
OR called by
Jamal K. Alsaffar ■ Christopher Clardy;
M.D.;
Pediatric Nephrology;
Chicago,
IL called by
Jamal K. Alsaffar

Defendant(s):

United States of America

Defense Attorney(s):

James F. Gilligan;
U.S. Attorney’s Office;
San Antonio,
TX,
for
United States of America

Defendent Expert(s):

Neal Halsey;
Public Health;
Baltimore,
MD called by
James F. Gilligan ■ Stan Smith;
Economics;
Chicago,
IL called by
James F. Gilligan ■ Bernard Kaplan;
Kidney Diseases;
Philadelphia,
PA called by
James F. Gilligan ■ Richard Schwartz;
Pediatrics;
Vienna,
VA called by
James F. Gilligan ■ Kathleen Kuntz;
Life Care Planning;
Jamison,
PA called by
James F. Gilligan

Facts:

On Dec.18, 2004, plaintiff C.L., the 2-year-old son of plaintiffs Clarence Lee, a United States Air Force lieutenant colonel, and Angelia Lee, was admitted to the hospital at Randolph Air Force Base in San Antonio with a lung infection. He was subsequently diagnosed with a kidney infection, and both kidneys subsequently failed. The Lees, individually and on behalf of their son, sued the federal government, claiming doctors at the hospital who had treated C.L. prior to his infection failed to administer the Prevnar vaccine. The plaintiffs’ medical experts testified that the vaccine is recommended for all children under 2 and it would have prevented the pneumococcus infection he developed. When the Lees brought C.L. to the hospital on Dec. 16, an X-ray showed one lung had filled with fluid, but doctors discharged him with a prescription for oral antibiotics, according to his counsel. The plaintiff’s medical experts testified that C.L. should have been admitted for intravenous antibiotics and to have the fluid in his lung drained. The failure to admit him caused the infection to spread to his kidneys, where he developed hemolytic-uremic syndrome, counsel maintained. Defense counsel maintained that C.L. was not administered Prevnar because the hospital lacked a supply of it due to a nationwide shortage. Defense counsel argued the plaintiffs did not provide evidence of which pneumococcus strain C.L. contracted and could not prove the Prevnar vaccine would have been effective. The vaccine had dramatically reduced the occurrence of the strains it was effective against, and therefore C.L. had most likely contracted a different strain, counsel argued. The defense medical experts testified that the hospital followed the standards of care in regards to the treatment of both C.L.’s lung and kidney infections. Defense counsel argued hemolytic-uremic syndrome is a rare condition and that doctors at the hospital could not anticipate C.L. would develop it, and defense medical experts testified there is no known cure for the syndrome. Prior to trial, Judge Orlando Garcia granted a partial summary judgment finding the United States had breached the standard of care.

Injury:

As a result of his hemolytic-uremic syndrome both of C.L.’s kidneys failed. He underwent a kidney transplant from his father in early 2005, and a second transplant in 2013. The plaintiffs’ medical experts testified that C.L. will require periodic transplants and periods of dialysis treatment for the remainder of his life. The experts also testified that his condition will reduce his life expectancy by 13 to 14 years. The plaiintiff’s life care planning and economic experts put C.L.’s future medical expenses at $4.8 million. The family sought $4,863,523 for future medical expenses and the $250,000 cap for non-economic damages. The defense life care planning and economics experts put C.L.’s future medical expenses at $2.3 million.

Result:

Following a bench trial, Judge Orlando Garcia found for the plaintiffs and awarded them $4,863,523 for future medical expenses and $250,000 in non-economic damages for a total of $5,113,523.

Trial Information:

Judge:

Orlando G. Garcia

Offer:

$250l,000

Trial Length:

7
 days

Editor’s Comment:

This report is based on information that was provided by plaintiff’s and defense counsel.