While in the hospital, a speech pathologist performed a barium swallow test that found moderate pharyngeal dysphagia that is significant for the risk of aspiration when eating or drinking. The speech pathologist recommended clinical observation of the teenager while eating and drinking various consistencies of food and fluids but the observation was not performed…medicalmalpracticelawyers.com, $45M Medical Malpractice Verdict Against Philadelphia Hospital, Oct 2024
Less than two days after his discharge from the hospital, the teenager aspirated mashed potatoes into his lungs, which led to significant brain damage after he suffered cardiac arrest and respiratory failure. The teenager now uses a wheelchair due to balance problems.
The Philadelphia medical malpractice lawsuit alleged that the hospital negligently failed to properly assess his swallowing before discharge and that the hospital failed to properly instruct his mother at the time of discharge with regard to at-home care recommendations from the hospital’s speech pathologist.
The hospital argued that a proper swallowing evaluation was done at the hospital and that the teenager and his mother failed to follow instructions regarding foods that were safe (and unsafe) to eat.
The plaintiff reportedly offered to settle his case for $32 million prior to trial, and the hospital offered $500,000 to settle. The $45 million verdict will likely increase to almost $52 million once delay damages are applied.