$940,000 Jury Verdict in Failure to Diagnose Infant’s Dehydration

Perry Pace was seven weeks old when he experienced viral symptoms, including chronic diarrhea and frequent vomiting for one week. Perry was transported by ambulance to a hospital emergency room where he was seen by an emergency physician, Dr. Patrick Hawley. The doctor examined Perry and diagnosed a viral infection before discharging the baby with instructions to take Pedialyte and instructed Perry’s mother to let the virus run its course.

Three days later Perry died as a result of dehydration. The child is survived by his mother. Ms. Barker, who sued Dr. Hawley alleging he chose not to diagnose and treat Perry’s early dehydration. Ms. Barker asserted that Dr. Hawley spent only five minutes with Perry and chose not test his blood and urine, administer IV fluids or consult the paramedics, who observed Perry as having lethargy and impaired respirations during his transport to the emergency room.

Ms. Barker also sued the hospital claiming liability for its nurse’s failure to recognize Perry was mildly dehydrated or at risk for dehydration, chose not to take an adequate history and go up the chain of command when Dr. Hawley chose not to run a fluid challenge test.

Before trial, the hospital settled with Ms. Barker for an undisclosed amount. The jury entered a verdict in favor of Ms. Barker against Dr. Hawley in the amount of $940,000. The attorneys representing the family of Perry Pace were Eileen E. Kroll, Laura Johnson and Lynn Foley.

Barker v. Hawley, No. 13100524-NH (Mich. Cir. Ct. Genesee County, May 15, 2015).

Kreisman Law Offices has been handling birth injury cases, birth trauma injury cases, wrongful death cases, medical malpractice cases and hospital negligence cases for individuals and families who have been injured or killed by the negligence of a medical provider for more than 38 years, in and around Chicago, Cook County and its surrounding areas including, Oakbrook, Yorkfield, Westchester, Elmhurst, Villa Park, Wood Dale, Schaumburg, Schiller Park, Northfield, Flossmoor, Franklin Park, Glenview, Berwyn, Buffalo Grove, Crete, Inverness, Justice, LaGrange Park, Lansing, Lyons, Markham, Matteson, Maywood, Melrose Park, River Grove, Western Springs, Chicago (Rose Hill, Bridgeport, Edgebrook, Edison Park, Englewood, Gold Coast, Ravenswood Garden, Sauganash, West Loop, Lincoln Square, Lincoln Park, Morgan Park, Pill Hill, Princeton Park), Park Ridge and Round Lake, Ill.

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