Multi-million dollar recovery for misplaced brain shunt

We represented an 8-year-old child who had chronic hydrocephalus, which is a build up of excess fluid in the brain.  The condition is typically treated by placement of a shunt in the brain which drains the excess fluid through tubing down into the belly where it is absorbed.  This child’s hydrocephalus had been treated successfully for years in that fashion.

In 2013, he was admitted to a Pittsburgh hospital for replacement of his old shunt with a new one.  Unfortunately, the end of tubing that went into the belly was not placed appropriately and it became clogged, and that obstruction caused the excess fluid to “back up” in the brain.  That build up of fluid increased pressure in the brain eventually caused a catastrophic brain herniation.  As a result of that herniation, the child is quadriplegic, is unable to speak, unable to see, is fed through a tube, and requires round-the-clock nursing care.

In the lawsuit we filed on behalf of the child, we claimed that the shunt and tubing had not been properly placed and furthermore, that there was a delay of at least 48 hours in discovering the misplacement.  If the obstruction had been discovered right away, as it should have been, the position of the tubing could have been corrected before there was a dangerous buildup of pressure in the brain.  In support of our claim, we relied upon neurosurgeons and critical care doctors who were experts in the field of brain herniation, cerebral shunts and catastrophic brain injury.  We claimed damages not only for the cost of all of the medical care the child would require throughout the rest of his life but also his loss of the ability to speak, eat, walk, and enjoy all of the ordinary pleasures of life.  On behalf of his parents, we made a claim for the loss of their enjoyment of a normal relationship with their child.  Given the catastrophic nature of the injuries and the profound impact on both the child and his parents, it was appropriate that the family received a multi-million dollar recovery.   All of the money awarded to the child was placed into a special needs trust so that his interests would be protected for the rest of his life.