Discontinuance in Pediatric Neurosurgery Case Involving Infant with Crouzon Syndrome

Discontinuance in Pediatric Neurosurgery Case Involving Infant with Crouzon Syndrome

Senior Trial Partner, Christopher A. Terzian, and Senior Associate, Christopher J. Daniel, obtained a discontinuance on behalf of MCB’s client, a pediatric neurosurgeon, in a high-exposure matter involving the post-operative care an infant patient received at the co-defendant hospital. MCB’s client performed an operation to externalize the infant’s ventriculoperitoneal (VP) shunt, which was previously placed due to Crouzon Syndrome, a rare genetic disorder in which the seams of the skull prematurely fuse, causing hydrocephalus, which is the excess of cerebral spinal fluid in the brain, resulting in intra-cranial pressure and pain. Shunt placement was necessary to relieve this pressure to give the infant relief from pain.

Following the procedure, the infant was admitted to the hospital’s PICU and monitored by the hospital’s PICU team, as well as the neurosurgery service. The infant sustained a cardiac arrest in the PICU approximately 15 hours after the procedure, which resulted in permanent neurological injuries.

Throughout the case, plaintiffs claimed that the defendants, collectively, failed to properly monitor the infant’s intra-cranial pressure and overall respiratory status following the procedure and caused the infant’s cardiac arrest. During discovery, Mr. Terzian and Mr. Daniel proved their client was not notified of any changes in the infant’s condition in the time period leading up to the arrest and that the infant’s arrest was not caused by any neurosurgical care rendered to the infant by their client.  As a  result of their meticulous use of the medical records and the skillful preparation of their client for his deposition, plaintiff’s counsel agreed to voluntarily discontinue the case, saving the client the expense of a summary judgment motion.