The infant plaintiff underwent repair of a ventricular septal defect. The surgery required the heart to be stopped and a cardiac bypass system circulated and supplied oxygen to her blood. The bypass system was operated by a perfusionist.

During the surgery the levels of hematocrit and oxygenation fell below guidelines and continued for approximately forty-five minutes before the surgeon was notified and corrective action was taken. The child suffered multiple end-organ failure, including a hypoxic brain injury. She is significantly mentally and physically disabled. At eight years old she was unable to walk and will require full-time nursing care for life.

The’paintiff claimed that the perfusionist and her assistant were primarily responsible for monitoring the blood gas levels, while the county blamed the injuries on the perfusionist’s employer and filed a cross-complaint against the company.

The employer claimed that the infant suffered from a genetic defect in her mitochondria (COX) which caused the injuries.

According to a published account a $3.9 million settlement was reached in mediation, along with satisfaction of a state lien of approximately $600,000. The settlement included $250,000 for the parents’ claim. The employer paid fifty-five percent of the settlement and the county paid the other forty-five percent.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.