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March 15, 2004 - Plaintiffs' Awarded $1,800,000

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Parents were awarded $1.8 million for their son's brain damage. The plaintiffs' newborn son was presented to Defendant Scottish Rite Hospital for a surgery to correct a condition where his skull and brain were fused. Defendant Boydston, a pediatric neurologist who practiced with Defendant Pediatric Neurology Associates, successfully performed the surgery.

Following the surgery, the parents noted blood on the sheet under the infant s head and notified one of Defendant Scottish Rite s nurses. That nurse contacted Defendant Gilreath, a nurse who was employed by Defendant Pediatric Neurology Associates, to assess the infant. Plaintiffs parents later became concerned about continued blood loss and a blood test was performed that determined that plaintiffs infant had suffered excessive blood loss resulting in brain damage.

Defendant Scottish Rite settled on the day of trial for a confidential amount. The plaintiffs alleged that: [1] Defendant Gilreath was negligent in assessing the infant and in failing to notify a physician; [2] a notation in the record by Defendant Scottish Rite's nurse indicated that Defendant Boydston had been notified of the concern over the infant's condition; [3] a blood test should have been performed earlier which would have determined if plaintiffs' infant was experiencing excessive blood loss; and [4] plaintiffs' infant suffered permanent injuries as a direct result of defendants negligence.

Defendant Boydston contended that he was not aware of the infant's condition. Defendant Gilreath contended that she had assessed the infant and noted that he was stable. Further, she was not aware of any excessive bleeding or the parents' concern over the bleeding. The infant suffered brain damage resulting in a mild paralysis in his left arm and difficulties with speech. Plaintiff claimed $96,000 in past medical specials. The plaintiff was awarded $1.8 million in joint and several damages against Gilreath and Pediatric Neurology Associates. The jury returned a defense verdict for Boydston.Martinez v. William R. Boydston, M.D., Carita Lynn Gilreath and Pediatric Neurosurgery Associates.