A couple was awarded more than $40 million in damages from a jury following a lawsuit claiming Presbyterian Healthcare Services staff did not properly identify a condition that subsequently caused brain damage to their young child.
A legal complaint filed by a couple alleged that Presbyterian hospital staff neglected to identify their newborn’s low blood sugar following the child’s April 2019 birth, causing lasting developmental problems.
The lawsuit said “Presbyterian physicians and health care providers involved in the initial treatment of [the child], breached the standard of care for monitoring and treating [the child], and therefore contributed to his injuries and permanent damage.”
Jurors awarded almost $25 million to the now six-year-old child, $15 million in punitive damages against Presbyterian and another $825,000 to the parents, Patrick and Samantha Leonard.
“The family has been heroic in working to help their child. This child’s needs, as he grows, will be very serious. The family is so appreciative to the jury that they listened and that justice was done,” Curtis & Co. Law Firm, which represented the family, said in a statement. “Presbyterian has over $5.5 Billion in assets. After this $40M verdict, it is greatly hoped that Presbyterian has the incentive to do a better job of caring for our children with systems that keep our children safe, so that no other child suffers this child’s fate.”
Court documents reveal that two doctors and two registered nurses acted with “reckless or wanton” conduct and Presbyterian Hospital breached its internal regulations, which mandate blood-sugar testing for all premature infants within their first 24 hours of life.
The baby was born prematurely at Presbyterian Hospital in April 2019 and suffered undetected low blood sugar due to high insulin levels. He was discharged after two days. Seven days later, the baby was readmitted with feeding issues and a fever. Eight days after birth, the baby’s brain shut down.
Court records show Presbyterian “failed to identify risks during the neonatal period of life and failed to appropriately monitor newborn blood glucose after delivery of a high-risk pregnancy, failed to perform glucose testing leaving hyperglycemia undiagnosed which later resulted in causing permanent brain damage.”
According to the lawsuit, the child “is suffering the long-term consequences of developmental delay/sensory disorder, abnormal vision and behavioral effects.”
““Presbyterian is committed to providing safe, high-quality care to our communities.
“While we respect the judicial process, we have serious concerns about this outcome and the unprecedented size of the damages awarded,” Presbyterian said in a statement. “We intend to pursue legal options to address what we consider to be an excessive judgment.”
A bill, SB 176, sponsored by Sen. Martin Hickey, D-Albuquerque, was introduced at the most recent legislative session that would have lowered the caps for payouts that attorneys receive for medical malpractice lawsuits. It died before being heard in a committee after facing opposition from trial lawyers and patients injured by medical malpractice.
Presbyterian was hit with another lawsuit earlier this year to a woman who had several complications after she had surgery in late 2019. She was award $17 million after a doctor’s negligence resulted in a 14-inch surgical instrument being left inside a patient’s abdomen. The patient unknowingly carried the tool for 58 days before undergoing further examination.
