The family of a six year old boy has settled a medical malpractice suit for $30 million against a physician who allegedly performed several experimental surgeries. Born in November 2009, the child had a leak in his esophagus, along with other conditions, none of which were life threatening. The child had surgery to repair the leak the day after he was born.
The suit alleged Dr. Mark Holterman was negligent when he performed a second operation less than one month after the first surgery. Dr. Holterman operated 24 more times on the child over the next 17 months. Some of the procedures involved placing and replacing a stent in the esophagus, which is an unproven method to fix a leak in the esophagus. In the final and 25th surgery, Dr. Holterman used a suturing device to repair the esophagus, which was an off-label use of the device. Dr. Holterman punctured the boy’s pulmonary artery with the device, which left him with an irreversible brain injury and cerebral palsy.
The family’s attorney has noted that the settlement is the fourth largest payment in Illinois for a medical malpractice case involving a child. The attorney went on to say, “The fact that Dr. Holterman continually deviated from the standard of care and repeatedly exposed this young boy to the hazards of surgery and risky, novel operations was not only medically careless and personally irresponsible, but it also demonstrated a dramatic lack of oversight from the hospital.”
When someone is injured or dies due to a health care provider’s negligence, financial recovery may be available. Such recovery is particularly important when permanent, life changing injuries are incurred. It is important to contact someone who understands the intricacies of the party’s right to recover.
Medical malpractice is a difficult area of law as it requires an understanding of both the legal practice and the mechanics of medicine. Abraham Watkins offers a free consultation to anyone wishing to pursue such claims.