A little girl was born with a genetic defect that prevented her from being able to breath independently. Her family and doctors fought for years to help her recover. Just weeks before the child was scheduled to be removed from her ventilator and breath on her own, her mother received a call from the home health care agency: her daughter had stopped breathing and was rushed to the hospital. After some analysis, the child was diagnosed to be in a permanent vegetative state with no hope of being able to live independently.
Challenge:
When the parents called the Ayres Law Office, they had little or no information about what transpired from the on-duty nurse or her agency. They wanted answers, and the ability to provide care and support for their child. The nurse blamed the ventilator for not alarming, leading to suit being filed against national home health care agency and the manufacturer of the ventilator. Critical information was withheld, destroyed or lost.
Solution:
Of critical importance was using the forensic data stored on the ventilator to not only prove a fabricated story by the nurse, but to create a timeline that showed nearly ten minutes of alarms disregarded by the nurse. Using this information and a detailed future life-care plan for the little girl, the case was prepared for trial.
Result:
The case settled at pre-trial for an amount that provided lifetime care and support for the little girl and her family.