$5.7 million - Trial judgment for failure to diagnose and treat meningitis in a newborn, causing brain injury (Desart v. USA).

We tried a case in San Francisco federal court involving a child who contracted meningitis. She was being treated at Oak Knoll Naval Hospital. It was our contention they failed to diagnose the existence of the meningitis quickly enough. We took the position that earlier administration of antibiotic therapy would have probably prevented the child's brain injury. The United States government was the defendant and contended vigorously that they had acted in accordance with the standard of care and moreover that earlier intervention with antibiotic therapy could not be shown to make a difference in the treatment of such conditions. They also contended that the family had not sought the advice of attorneys quickly enough and that, therefore, the claim was barred by the statute of limitations. After two, separate trials and a successful appeal to the Ninth Circuit Court of Appeals, we obtained a present value judgment on behalf of this child of $5.7 million.

$2.15 million - Failure to Diagnose and Treat Meningitis

Confidential settlement for failure to diagnose and treat meningitis in one-year-old child.