Summary Judgment Granted in Brain-Damaged Infant Case

Ms. Halford succeeded in obtaining summary judgment for a pediatric emergency medical specialist who allegedly failed to diagnose and treat bacterial meningitis in a seven-month-old infant, resulting in global neurologic deficits. In support of the motion, Ms. Halford argued that the infant-plaintiff had presented to the defendant hospital E.R. with life-threatening respiratory distress, consistent with an infection of the lungs and without any meningeal signs or symptoms; that the medical specialist's management in the E.R. was appropriately focused upon stabilizing the infant's respiratory status and vital signs; and that medical specialist had no reason or opportunity to undertake a workup for meningitis during the infant's brief time in the E.R. In opposition, plaintiff argued that bacterial meningitis must be considered and ruled out in all infants with febrile illness, and therefore, a lumbar puncture and Gram staining of the blood should have been ordered. The Court was not persuaded by plaintiff's arguments and dismissed all claims against our client.