Undisclosed Settlement Reached Before Jury Verdict of $2 Million in Negligent Treatment of Pneumonia

Darion Brewer was just seven months old and was sick for nine days. He was placed on Zithromax (Z-pak), an anti-biotic after being taken to a hospital emergency room and urgent care facility. He was seen by a pediatrician, Dr. Cheryl Emoto, who noted that Darion was experiencing respiratory distress and weight loss.

The doctor diagnosed bronchiolitis and prescribed Albuterol, advising Darion’s family to return in a week if his condition did not improve. Sadly, four days later, Darion died. An autopsy reportedly revealed that he had suffered from acute pneumonia. He was survived by his mother.

The Brewer family sued Dr. Emoto and her medical group, alleging that the doctor had misdiagnosed Darion’s condition and chose not to obtain his prior medical records including a hospital x-ray showing pneumonia.

The Brewer family also sued the hospital and urgent care facility. Defendants argued that the baby’s death resulted from aspiration and not bacterial pneumonia.

The hospital and urgent care defendants settled for an undisclosed amount before trial. The jury signed a verdict for more than $2 million finding that both defendants had negligently treated Darion but that only Dr. Emoto’s negligence was a cause of the child’s death.

The attorney successfully handling this tragic case was Elliott N. Tiomkin.

Babbitt v. Prime Healthcare Services, Inc., No. Cl-VDS 1503504 (Cal. Super. Ct. San Bernardino County).

Kreisman Law Offices has been handling birth trauma injury lawsuits, wrongful death cases, hospital negligence cases, misdiagnosis of pneumonia lawsuits, and pediatric negligence lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Arlington Heights, Antioch, Calumet City, Barrington, Palos Heights, Deerfield, St. Charles, Geneva, Aurora, Wheaton, Hinsdale, Mundelein, Olympia Fields, Lynwood, Chicago (Rogers Park, East Side, Austin, Englewood, Kenwood, Woodlawn, Bucktown, Logan Square, Belmont Cragin), Winfield, Zion, Waukegan and Joliet, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.