Brooklyn Jury Awards Brain-Damaged Child $13,000,000

Publication:The National Law Journal
Author:Laura Italiano
Attorney(s):Thomas A. Moore
Practice Area(s):Medical Malpractice
Summary:Wrong diagnosis and negligent care led a Brooklyn jury to award $13 million to Tsufit Feig, the mother of Efrat, a girl with permanent brain damage. Thomas Moore tried the medical-malpractice case on behalf of Efrat, who was five years old at the time of the trial.

When Efrat was four months old, she developed "a fever, lip sores and balance problems," according to the National Law Journal article. A doctor diagnosed "an upper respiratory infection"-a cold. A week later, Efrat's mother called the doctor again, saying that the symptoms had not disappeared. Mr. Moore said that the doctor did not ask to see Efrat and examine her again, and the doctor also did not refer her to a neurologist, as he should have done. Ms. Feig had to call the doctor again. The doctor told her to bring Efrat in but, right after the call, the girl had a seizure and lost consciousness. Efrat went straight to a hospital, but the doctor did not discuss any of the child's previous symptoms with the hospital's neurologist. Efrat was diagnosed with herpes encephalitis. This infection caused her permanent brain injuries. During the trial, the article noted, the doctor admitted that by the time the child was brought to the hospital, there was no chance of total recovery.