Kreisman Law Offices Professional Corporation
Doe, age 3, was diagnosed as having a viral infection and experienced 4 to 5 days of fever and increased fussiness. Doe’s mother took the child to Lawndale Christian Health Center, a federally funded clinic; this required the plaintiff to file under the appropriate federal statute, the Federal Tort Claims Act. At the clinic, a physician assistant noted slight swelling in Doe’s upper right eyelid and his inability to open the eye fully. Doe also had a slightly abnormal pulse rate and blood pressure.
The physician assistant diagnosed periorbital cellulitis and a history of fever consistent with a viral infection. The physician assistant prescribed an antibiotic and told Doe’s mother to go to a hospital emergency room if Doe’s eye became swollen shut or did not improve in 1 to 2 days.
Two days later, Doe’s mother found her child unresponsive. Doe was rushed to a hospital where he was diagnosed as having septic shock, subdural abscess, and sinusitis, among other problems necessitating emergency neurosurgery. Doe, who suffered a stroke, had suffered a brain injury that resulted in cognitive delays.
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