$10 Million Jury Verdict for Permanent Deformity to Two-Year-Old Child’s Right Arm

Then 2-year-old Doe was taken to a children’s hospital after suffering a fall. A pediatric resident, Dr. James Prosser, set Doe’s fractured right arm and placed a cast on the arm. Later that day, Doe was returned to the hospital, where another physician examined him again and discharged him.

Doe’s parents took the child back to the same hospital a third time. This time the staff removed the child’s cast. This led to a diagnosis of compartment syndrome and Volkmann’s ischemic contracture.

Doe is now 19 years old and has a deformed and shortened right arm, scarring, and lost function in two of his fingers.

Doe’s father, individually, and on Doe’s behalf, and Doe’s mother, individually, sued Dr. Prosser and the hospital under a respondeat superior theory, alleging that Dr. Prosser had negligently manipulated Doe’s bone, which led to swelling.

The Doe family also alleged that the physician, Dr. Prosser, had fitted Doe with a substandard cast that, because it went too far up his arm, restricted his blood flow.

The jury signed a verdict in favor or the Doe family for $10 million.

The attorneys successfully handling this case were Sherif Sakla, Stephanie C. Ruther, T. Carey Wicker, and J. Alex Watkins.

Sousa v. Prosser, No. 2007-6655 (La. Dist. Ct. Orleans Parish).

Kreisman Law Offices has been handling birth trauma injury cases, orthopedic surgery negligence cases, hospital negligence lawsuits and medical malpractice cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Lyons, Stickney, Berwyn, Maywood, Wood Dale, Rosemont, Lisle, Des Plaines, Deerfield, Buffalo Grove, Long Grove, Mettawa, Bannockburn, Highland Park, Lake Bluff, North Chicago, Zion, Winthrop Harbor, St. Charles, Hickory Hills, Fox River Grove, Buffalo Grove, Chicago (North Park, West Ridge, Avondale, Lakeview, Old Town, West Town, Little Italy, Bronzeville, Hyde Park, Wrigleyville, Chinatown, Calumet Heights, East Side, Hegewisch, Washington Heights, West Pullman, Morgan Park, Mount Greenwood, Archer Heights, East West Side, Ukrainian Village, West Side, Avondale, Bucktown, Lincoln Park), Oak Park, River Forest, Melrose Park, Franklin Park, Elk Grove Village, Northfield and Olympia Fields, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.