Christian Arroyo, an eight-year-old quadriplegic with cerebral palsy, is happy and loving, but he requires constant care. Christian’s problems resulted from a common neonatal blood infection, easily treatable with the use of antibiotics. However, doctors and nurses at Erie Family Health Center, a federal government-funded clinic, left him untreated for more than 12 hours, which led to brain damage. Christian’s parents won a $29.1 million lawsuit last year due to medical negligence, but the government appealed the decision on the grounds of an untimely claim, since the Arroyos did not file their claim until two years later.
The U.S. Court of Appeals recently upheld the 2010 verdict, noting that the doctors never informed the family that antibiotics would have prevented brain damage. Instead, the Arroyos discovered the negligence when their second son, born a year later, received immediate treatment with antibiotics for the same problem. The family’s lawyer explained that the government cannot expect the family to know to sue when the doctors did not tell the parents that measures could have been taken to help their son.
Carlos Arroyo, Christian’s father, states that the settlement will enable his son to obtain the care he needs for the rest of his life. Hopefully, other new parents will learn from the Arroyos’ heartaches, understanding that you should take action when confronted with gross medical negligence and avoidable birth traumas.
Cappolino Dodd Krebs LLP—cerebral palsy lawyer
