Plaintiff alleged that the firm’s client, a pediatrician, was negligent in failing to see a six-month-old child after repeated telephone calls from the mother and that bacterial meningitis could have been diagnosed and/or treated before reaching a fatal stage.
In late 1998, plaintiff was diagnosed with an ear infection. Two days later, he spiked a fever of 104 and his mother called to schedule an appointment. The mother was informed that the fever was a result of the ear infection and that it was not necessary from him to see the child.
The mother called twice more during the day and on the both occasions was told that it was not necessary to bring the child to his office. Ten hours later, the child was taken to the emergency room where a diagnosis of bacterial meningitis was made.
The plaintiff asked the jury to award $5 million.
The defense successfully argued that an office visit was not indicated given the ear infection. The jury returned a defense verdict in less than an hour.