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Case Description
On May 17, 2002, the Infant Plaintiff, who had a history of Hirschsprung's disease, presented to the Defendant Hospital with complaints of severe abdominal pain, abdominal distension, as well as vomiting. He was subsequently diagnosed with fecal impaction proximal to a previously established colostomy site.
After examination and x-rays, duly authorized agents and/or employees of the Defendant Hospital attempted to disimpact the Infant Plaintiff, but were unable to do so. Nevertheless, the Infant Plaintiff was discharged to his home on May 18, 2002, with his mother receiving instructions to follow-up thereafter for surgical disimpaction.
On May 23, 2002, the Infant Plaintiff was taken back to the Defendant Hospital for the disimpaction. He was manually disimpacted and was subsequently evaluated through sigmoidoscopy. He was discharged on the same day, but later that evening, collapsed at home and was rushed back to the Defendant Hospital.
The Plaintiff alleged that when the Infant Plaintiff arrived at the Hospital shortly after midnight on May 24, 2002, he had signs and symptoms of an acute abdomen and sepsis. However, nothing was done to properly diagnose the Infant Plaintiff's condition and intervene.
The Plaintiff alleged that at the time of the sigmoidoscopy, duly authorized agents and employees of the Defendant Hospital injured the Infant Plaintiff's bowel. The Plaintiff alleged that the Infant Plaintiff was negligently left to languish at the Defendant Hospital from shortly after midnight on May 24, 2002 until approximately 2:20 p.m. on May 25, 2002 -- some 28 hours -- with an injured bowel, acute intra-abdominal process and sepsis with no appropriate diagnosis and/or treatment.
Finally, at approximately 2:20 p.m. on May 25, 2002, the Infant Plaintiff was taken to an operating room for an exploratory laparotomy. At that time, duly authorized agents and employees of the Defendant Hospital found a gangrenous section of bowel as the direct and proximate result of injury during the sigmoidoscopy and no subsequent, timely intervention. By the time Hospital personnel belatedly operated, their efforts proved too little, too late. The Infant Plaintiff suffered cardiorespiratory arrest prior to the surgery itself and had to be resuscitated. Subsequently, he remained on Extracorporeal Membrane Oxygenation (ECMO), but continued in critical condition due to the ongoing negligence of hospital personnel, and finally suffered a tragic and untimely death on May 27, 2002.
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