Brain-Damaged Boy Wins $79,000,000 Award from Hospital

Date:24-11-1999
Publication:New York Post
Author:Dareh Gregorian
Case
Attorney(s):Thomas A. Moore
Practice Area(s):Medical Malpractice
Summary:A hospital was found responsible for injuries suffered by 13-year-old Samuel Desiderio, and a Manhattan jury awarded the family $79 million. Thomas Moore represented "Sammy," as Samuel is called by his father, who said of the huge verdict: "We're very relieved. Sammy will be cared for for the rest of his life. The jury restored our faith in human nature."

Sammy had been born with hydrocephalus, also known as "water on the brain," according to the Post article. The permanent brain shunt that was inserted became clogged before Sammy was four, and a replacement shunt did not work. "By the time he was operated on again, pressure from the fluid had pushed down his brain stem, causing permanent injury," said the article. "This was not a close case," Mr. Moore said. "It was open and shut."

Sammy's grandparents had videotaped Sammy just before the replacement shunt was inserted. "He was the most wonderful looking kid-jumping around, laughing, speaking sentences," Mr. Moore said. "The tape gave evidence to the lie." Now Sammy has seizures, cannot walk by himself, and needs permanent breathing and feeding tubes because of the injury to his gag reflex, and round-the-clock nursing care.