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$1.1 Million Settlement Against Hospital Radiologist For Causing A Brainstem Herniation

A 9 year old girl presented to a hospital emergency department after being injured in an automobile accident with complaints of neck pain, chest pain and a head laceration. She was discharged and returned 5 days later with complaints of lethargy, confusion, vomiting and general pain. A CT scan was performed; however, the radiologist failed to detect the presence of brain swelling. The emergency room physician decided to perform a lumbar puncture to rule out meningitis as the cause of her problems with no knowledge of the cerebral edema. The lumbar puncture caused the girl’s brainstem to herniate resulting in her death. A civil action was brought against the hospital radiologist for failing to diagnose and report the brain swelling. The case settled for $1.1 million dollars.