Keel O'Malley
Keel O'Malley, L.L.P.
P.O. Box 1158
Tarboro, NC 27886
Phone: (252) 823-2266
Toll Free: (800) 755-1987
Fax: (252) 641-9009

Infant Suffered Epidural Hematoma - Emergency Room Failed To Give Transfusion - Physical and Mental Deficits - Blindness - $6 Million Verdict

From North Carolina Lawyers Weekly , March, 3, 1997

Brief Statement of Claim: A six-month-old child was taken to an emergency room and diagnosed with an epidural hematoma. The hematoma was evacuated, but the child was not given a blood transfusion for several hours, causing permanent injuries.

Principal Injuries (in order of severity): Mental retardation, physical retardation and cortical blindness

Special Damages: n/a

Tried or settled: Settled with one defendant on Aug. 14, 1996; tried against remaining defendant on Sept. 3, 1996

County where tried or settled: Nash

Case Name and number: Ann-Elizabeth Brown, by and through her guardian ad litem, Jesse M. Baker, John W. Brown III, and Cora C. Brown v. James W. Bowen, M.D. et al (Nash County Superior Court; 93 CvS 1519)

Date Concluded: Sept. 26, 1996 verdict; judgment entered December 1996

Name of Judge: Howard E. Manning Jr.

Amount: Prior settlement: $2.5 million; verdict: $6 million

Insurance Carrier: Settlement carrier cannot be disclosed; Dr. Bowen's carrier for the trial was St. Paul.

Expert Witnesses and areas of expertise: Plaintiffs had experts in the areas of neurosurgery, anesthesiology, life care planning and an economist

Attorneys for plaintiff: Jimmie R. Keel and Susan M. O'Malley of the Keel Law Offices, Tarboro

Other Useful Info: The judgment has been appealed by the defendants. The plaintiffs have counter-appealed on the issues of prejudgment interest and costs recovered from the defendants.

The verdict in this malpractice case was also covered by the Tarboro Telegram: Read Article