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News
Fort Lauderdale Law Firm Wins $4.3 million Verdict Against Doctors
for
Misdiagnosis That Left Young Girl Permanently Disabled
Ft. Lauderdale (October 1, 2009) – Attorneys
with the personal injury law firm Sheldon J. Schlesinger P.A., won
a $4.34 million jury verdict against two neonatalogists on behalf
of a young girl left permanently injured—the result of a viral
infection misdiagnosed at birth.
Haylee Ann Kroll was born on April 21, 1994, at Coral
Springs Medical Center. At the time of her birth, her mother was
running a fever. As a standard precaution, Haylee was admitted to
the pediatric intensive care unit, and started on antibiotics.
Over the next four days, Haylee’s condition
worsened and signs of viral infection became apparent, according
to the suit heard by Broward Circuit Judge Jeffrey E. Streitfeld.
She spiked a fever, and the virus attacked her liver. This triggered
a condition which prohibits the body from creating correct clotting
factors. As a result, Haylee’s body began bleeding into the
tissues, causing obvious bruise-like discoloration of her back and
body, and spotting on her scalp. Soon thereafter, a clot formed,
damaging a quarter of Haylee’s brain.
“For two days, she showed steady signs and symptoms,
and the doctors ignored it,” said Linda A. Alley, the Kroll
family’s trial attorney with Sheldon J. Schlesinger P.A. “At
first signs of a temperature, they should have gotten a complete
blood test and liver function test. They should have started replacing
blood products that were being lost to support her while her body
overcame the virus on its own.”
One of the neonatologists who took the witness stand
argued such tests were not called for – even as nurses at
the time were noting Haylee’s decline in her medical records.
In fact, such tests were standard procedure for her symptoms, Alley
said. When doctors finally ordered blood tests and transfusions
of red blood cells and platelets, the blood products were delivered
too slowly, Alley said.
As a result, Haylee, 15, suffered permanent cirrhosis
of her liver. Her brain damage caused auditory difficulties and
a vision-field defect. Her cognitive abilities also are reduced;
a 10th grade student, her grades have slipped as she has difficulties
with higher-level thought.
The four-woman, two-man jury deliberated for five
hours before siding with Haylee, awarding her $350,000 for medical
expenses, $400,000 for lost earning ability, and $3.5 million for
past and future pain, suffering, disability, physical impairment,
disfigurement, mental anguish, and loss of capacity for the enjoyment
of life. Haylee Ann’s parents, Cynthia J. Kroll and Jacob
M. Kroll III, received $90,000 for past and current medical expenses
through her 18th birthday. The jury found the two doctors, Sedigheh
Zolfaghari, MD, and Jose Colindres MD, equally negligent. Two other
defendants in the case, Greg Melnick MD, and Manuel E. Ortega MD,
were found not liable. All four are employees of Pediatrix Medical
Group Inc., a company that outsources neo natal specialists to hospitals
nationwide.
“The malpractice was simply the fact that they
were not paying proper attention and anticipating a serious outcome.
That’s a dangerous thing for a doctor to do,” Alley
said. “They can hope for the best, but they must prepare for
the worst.”
Sheldon J. Schlesinger, P.A. represents clients throughout
the state of Florida including the cities of Boca Raton, Boynton
Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie,
Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood,
Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm
Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach
Broward County • Miami-Dade County • Palm Beach
County
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