Jury Awards Bronx Boy $107,800,000: Hospital's 'Litany of Errors' Led to Brain Damage

Date:16-05-2001
Publication:New York Newsday
Author:Pete Bowles
Case
Attorney(s):Thomas A. Moore
Practice Area(s):Medical Malpractice
Summary:A Bronx, New York medical-malpractice jury, a New York Newsday article reported, awarded a 10-year-old South Bronx boy, Augustine Ballinas, $107.8 million for "irreversible brain damage" he suffered at birth. Thomas Moore argued the case, during a three-week-long trial and one day of deliberations.

The half-page article summed up the "litany of errors" that led to Augustine's egregious injuries. "Augustine was ravaged by bacterial meningitis soon after his birth," Mr. Moore said. "His infection wasn't diagnosed or treated in a timely way." Augustine's mother, Carmen, a homemaker, tested positive for group B strep, which can cause bacterial meningitis. But she was not tested in time. "The response was too little, too late," Mr. Moore said.

Augustine, who needs a wheelchair, has cerebral palsy. His language consists of "making sounds," and he cannot feed or dress himself, and he will need various therapies for the rest of his life. He lives with three siblings and his parents, who are from Mexico. His father, Raimondo, is a waiter.