Death of Infant from Volvulus: $1.55 Million Settlement
2024 Medical Malpractice Case Report
By Attorney Willliam J. Thompson
Barnstable Superior Court, Massachusetts
2-month-old infant dies from volvulus of the small intestine blamed on misread x-ray, miscommunication
On 2/14/23, the plaintiff’s decedent died at the age of two months from a volvulus of the small intestine. The day before, he was taken to the emergency department where the defendant ED doctor noted no bowel movement in two days and that the baby normally had bowel movements every day. He noted the baby had been switched to Similac from Enfamil about a week ago, but his mother switched him to breast milk that day and did feeding fine. An abdominal exam was positive for pain and constipation, and negative for anorexia, diarrhea, and vomiting. The abdomen was flat, bowel sounds were normal, abdomen was soft to palpations, and there was no abdominal tenderness.
An abdominal x-ray was done at approximately 10:49 pm, which was interpreted by the radiologist to reveal a paucity of gaseous pattern in the left hemiabdomen. The radiologist recommended further evaluation with an ultrasound, but did not communicate directly with the ED doctor.
The ED doctor noted the baby had a benign abdominal exam, his x-ray revealed right-sided constipation, and there was no evidence of an obstruction or other acute process or evidence of an abdominal emergency.
The baby was discharged at 11:32 pm. Shortly after arriving home, the baby vomited and became apneic and unresponsive. 911 was called and police arrived and began performing CPR, and then EMS arrived and found the baby to be in asystole, apneic, and unresponsive.
At approximately 1:59 am, the baby arrived at the hospital with no change in his condition. CPR was continued but after roughly one hour of total advanced life support with no cardiac activity, CPR was stopped and the baby was pronounced dead.
The plaintiff contended the x-ray was underread and actually showed evidence of pneumatosis, or air in the bowel wall, which is concerning for an ischemic bowel progressing to necrosis. The plaintiff also claimed the ED doctor should not have discharged the baby.
The case settled prior to filing suit for $1,550,000.
Lubin & Meyer attorneys Andrew C. Meyer and William J. Thompson represented the plaintiff in this medical malpractice lawsuit.
Questions about a failure to diagnose?
Do you have questions about a possible medical malpractice case involving an undiagnosed medical condition or misread x-ray?
Contact Us - There is no fee or cost to you to have your case evaluated by our qualified medical mapractice lawyers. Call (617) 720-4447 to speak with an attorney today.
Lubin & Meyer PC - Boston’s Innovative Leader in Medical Malpractice and Personal Injury Law
Our medical malpractice lawyers are licensed to practice in: Massachusetts, New Hampshire and Rhode Island.
Return to: Verdicts & Settlements archive
Return to: Lubin & Meyer home page