$700,000 Settlement for Wrongful Death of 8 Month Old Special Needs Child

The Plaintiff was an 8 month old special needs child on a ventilator under the care of a home health care nurse while the parents were sleeping. The parents woke up to the nurse screaming for someone to call 911. The parents came running out into the living room and found their child lying blue and unresponsive on his boppy-pillow on the couch. The nurse continued scream hysterically as the mother began trouble shooting the equipment and providing oxygenation to the child. Meanwhile, the father called 911. The mother began CPR until EMS arrived. Once EMS arrived, they continued CPR , but were never able to get a pulse. Upon arrival at the hospital emergency room, the physician found that the tracheostomy tube was clogged. As a result, the baby had suffered irreversible brain damage, was ultimately disconnected from life support and subsequently died. The defendants offered to arbitrate. The case settled for $700,000.