Medical Malpractice - Medication Overdose, Wrongful Death

Medical malpractice arising from medication errors at Boston hospital, resulting in wrongful death of twelve year old girl.
Amount of Settlement
Plaintiffs’ Attorneys
Ronald E. Gluck and Marc L. Breakstone
Boston, Massachusetts
John Fitzgerald, Esquire
Details of the Case

In February, 2003 the plaintiff’s daughter, a 12 year old girl with Down syndrome, was scheduled to undergo an MRI to rule out seizure activity. The defendant pediatrician prescribed a sedative to ensure that she remained still in the MRI machine. He consulted a treating cardiologist to determine the proper dose of sedative, but incorrectly transcribed that information resulting in an order for an overdose of four times the recommended dose. The defendant nurse failed to question the lethal dose and brought the prescription to the defendant hospital pharmacist who filled it in spite of concerns about the high dosage. The sedative was mixed in a cup of juice and given to the girl to drink.

Shortly after the girl was placed in the MRI machine, she suffered cardiopulmonary arrest resulting in a severe anoxic brain injury and her death, two days later. The girl, though significantly impaired by Down syndrome, was a vibrant member of her family and community. She was an active participant in her special education program at school and was a beloved member of her church. She left a mother and five siblings.

The case settled one month after an all day mediation due to the persistent efforts of the mediator to get the case resolved.

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Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case. Peter
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
Ron was excellent. He was on top of everything. He answered every question. John
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh