Lawyers: $9M settlement for boy’s cerebral palsy
HONOLULU — Attorneys for a Virginia boy with cerebral palsy say his family and the Honolulu military hospital where he was born reached a tentative $9 million settlement.
The amount, put on the record in federal court in Honolulu on Monday, is subject to final approval by the U.S. Department of Justice, said Loretta Sheehan, one of the family’s attorneys.
According to the family’s lawsuit, Noah Whitney was born in 2010 at Tripler Army Medical Center with “catastrophic brain injury” because of medical negligence.
Allegations in the lawsuit included failing to respond appropriately to signs and symptoms of uterine rupture and taking too long to perform a cesarean section. Laura Whitney arrived at the hospital Sept. 7, 2010, with severe lower abdominal pain at about 35 weeks of pregnancy. The pregnancy was closely monitored because of previous miscarriages and the complicated birth of her first child, Evan.
The mother “was at risk for uterine rupture in connection with future pregnancies, including her pregnancy with Noah,” according to the lawsuit filed in July 2012. The lawsuit alleges there was a “failure to promptly notify and consult the obstetrician who had been managing” the pregnancy.
The lawsuit blamed the hospital for Noah’s severe brain injury and said he “will require 24 hour per day care for the remainder of his life.”
A Tripler spokeswoman declined to comment. The assistant U.S. Attorney representing the government didn’t respond to requests for comment.
Sheehan said $5 million will be paid as a lump-sum. The remaining $4 million will be paid throughout the remainder of Noah’s life.
Rules for posting comments
Comments posted below are from readers. In no way do they represent the view of Stephens Media LLC or this newspaper. This is a public forum.
Comments may be monitored for inappropriate content but the newspaper is under no obligation to do so. Comment posters are solely responsible under the Communications Decency Act for comments posted on this Web site. Stephens Media LLC is not liable for messages from third parties.
IP and email addresses of persons who post are not treated as confidential records and will be disclosed in response to valid legal process.
Do not post:
- Potentially libelous statements or damaging innuendo.
- Obscene, explicit, or racist language.
- Copyrighted materials of any sort without the express permission of the copyright holder.
- Personal attacks, insults or threats.
- The use of another person's real name to disguise your identity.
- Comments unrelated to the story.
If you believe that a commenter has not followed these guidelines, please click the FLAG icon below the comment.