Page 29 - Verdicts and Settlements Hall of Fame: Medical Malpractice

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another doctor examined Derek and failed to identify the herpes and
its effects on the child.

Case: Galindo v. WCHC
Finally, after showing a fever of 101.2 degrees, Derek was admin-
istered antibiotics but he soon displayed “jerky movements” and Attorney: Philip A. Russotti

was returned to the Westchester Medical Center. At this point, the Firm: Wingate, Russotti & Shapiro, L.L.P.
damage was done: Derek was diagnosed with brain damage. His fam-
ily, who were undocumented residents from Mexico, believed that a Verdict:
$10,200,000
timely diagnosis and the proper medication could have staved off
their son’s trauma.

By Phil Albinus
Derek suffers quadriparesis. He cannot speak words, cannot walk
and cannot feed himself or eat anything but pureed foods. He requires
Although it’s been a punchline for decades, herpes is no laugh- constant assistance and receives occupational and physical therapy.

ing matter to the family of Derek Galindo. The child suffered severe
neurological injuries and brain damage due to his herpes simplex. It was a sequence of failures, said Philip Russoti, the attorney for
To make matters worse, a misdiagnosis caused Derek’s vulnerable the Galindo family. “There was a failure on behalf of the irst clinic

state to worsen catastrophically.
the mother brought him to where he had spots on his tongue. His
mother had a noticeable herpes infection and they did not appreci-
In June of 2009, a 10 day-old Derek was examined by pediatrician ate the signiicance of the mother’s infection on the child and they

Dr. Aurora Amurao at Sound Shore Medical Center of Westchester. sent them home.”
The doctor noted that the infant’s tongue was spotted and that the
boy’s mother Maria Rojas was suffering from herpes labialis on her Rusotti wonders what could have happened if the proper treat-

lips. For some reason, the doctor failed to connect the two signs and ment had been administered in time. “The heartbreaking thing is it
discharged the boy with instructions for the mother to keep an eye out could have been avoided. He’s a beautiful, happy boy,” recalled the
for a fever, irritability and fatigue. After a second doctor recommended attorney. “We had a picture of him at the trial of him playing in a high

further tests, the child was taken to Westchester Medical Center in chair.” The defendants settled during the course of the trial before
Valhalla where after tests, another doctor opined that Derek’s vesicles it went to the jury.
were benign and a result of being burned by a hot baby bottle. Later,

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