Settlement
Result: $5 Million – Medical Malpractice
Joseph W. Balesteri
Kathryn L. Conway
B.M. v. Local Community Hospital and ER Physician
B.M. (3 years old) presents to the emergency department with upper respiratory infection symptoms. Rapid flu screen was positive for the Influenza A virus. Procalcitonin was elevated but the abnormal result returned after discharge. Follow-up with mom at home directed by the ER MD did not include returning to emergency department for testing or antibiotic coverage for bacterial infection because the minor was acting normal. Four days later, B.M. coded at home and was later pronounced. Autopsy identified bacterial infection of blood, lungs, and spleen. B.M. is survived by his parents and younger brother. Co-counsel with Kathryn L. Conway.