Kenneth Rothweiler and Daniel Jeck secured an $8 million recovery for their 7 year old client against a medical equipment manufacturer. The settlement was achieved after they filed products liability action alleging a defect in the design of their compounding system which makes intravenous solution used for supplemental nutritional needs.
Ken and Dan argued that the defect in the system design was its failure to incorporate a failsafe to prevent dangerous or lethal concentrations of solutions from being compounded. As a result, at age six months, Minor Plaintiff was infused solution with which contained ten times the prescribed dose of sugar in the concentration. As a result, Minor Plaintiff went into shock, suffered a stroke and now has permanent brain damage.
Shortly after his birth, Minor Plaintiff was diagnosed with Hirschsprung’s disorder, a disease that affects the digestive system. As part of his treatment, his pediatrician prescribed him an intravenous nutritional supplement or TPN. Due to pharmacist error in inputting calculations into Defendant’s compounder, a solution containing lethal amounts of sugar was formulated. The compounder did not recognize the error, did not prevent the compounding and formulated the solution to include an excessive and dangerous amount of sugar. Within an hour after having been given the I.V., the baby began convulsing and was immediately taken to the hospital.
Subsequent testing showed that the baby suffered a stroke. Other tests confirmed that the injuries were caused by the incorrect dosing of the sugar in the TPN. As a result, the baby suffered profound brain damage; specifically, global developmental delay with motor, cognitive and speech deficits.
At mediation, Ken and Dan argued on behalf of their now seven year old client. They maintained that the machine used to compound the medication should have contained software that would recognize and prevent incorrect doses from being compounded. The technology required to include a failsafe system on the machine existed at the time of manufacturing and had been incorporated in similar machines. Such software would recognize pharmacist error, and prevent mixing of potentially lethal concentrations.
Attorneys Rothweiler and Jeck were able to recover $8 million for the young boy and his family to provide for him and his needs into the future.