$3.2 Million Settlement Reached for Brain Damaged Child for Failure to Diagnose Herpes

Vonshelle Brothers received her prenatal care, including a Pap smear, at the Brevard County Health Department. A cytopathologist allegedly interpreted the Pap smear as having cellular changes consistent with the herpes simplex virus. However, a health department nurse reported that the test was normal. Her obstetrician did not look at the actual Pap smear and Brothers was not notified of the cytopathologist’s findings.

About seven months later, Brothers delivered her baby vaginally. Two weeks later the child was diagnosed with herpetic meningoencephalitis, which led to profound brain damage. This child is now 6 years old. She has developmental delays, speech and vision problems and difficulty walking.

Brothers filed a lawsuit against the health department alleging that its employees chose not to diagnose the herpes simplex virus and prevent Brothers from transmitting the virus to her unborn child by performing a Cesarean section. There were other allegations of preventative medical attention that could have prevented and avoided the predictable outcome. Before trial, the parties settled the case for $3.2 million.

The attorneys representing Vonshelle Brothers were Ronald S. Gilbert and Jonathan T. Gilbert.

Brothers and her counsel engaged experts in pediatric neurology, vocational rehabilitation, economics, nursing, obstetrics and maternal fetal medicine.

The defendant health department engaged experts in pediatric neurology, vocational rehabilitation, obstetrics, economics and maternal fetal medicine.

Brothers v. Brevard County Health Department, No. 05-2012-CA-060915 (Fla. Cir. Ct. Brevard County).

Kreisman Law Offices has been handling birth trauma cases, birth injury cases, traumatic brain injury cases, medical negligence cases, hospital negligence cases and obstetrics negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Evergreen Park, Oak Lawn, South Holland, Brookfield, Cicero, Des Plaines, Hinsdale, Geneva, Aurora, Joliet, Waukegan, Bolingbrook, St. Charles, Western Springs, Niles, Northbrook, Lockport, Chicago (Pill Hill, Pilsen, Prairie District, Printer’s Row, Pulaski Park, Ravenswood Gardens, Sauganash, Sheffield, University of Chicago, Wrigleyville, Wildwood, Korea Town, Greek Town, West Loop, Gold Coast, Garfield Ridge), Lake Forest and Deerfield, Ill.