Professional Negligence Law Reporter

Doe, 3, was diagnosed as having a viral infection and experienced four to five days of fever and increased fussiness. His mother took him to Lawndale Christian Health Center, a federally funded clinic. There, a physician assistant (PA) noted slight swelling in Doe’s upper right eyelid and his inability to open the eye fully. Doe also had a slightly abnormal pulse rate and blood pressure.

The PA diagnosed periorbital cellulitis and a history of fever consistent with a viral infection. She prescribed an antibiotic and told Doe’s mother to go to the ER if Doe’s eye became swollen shut or did not improve in one to two days. Two days later, Doe’s mother found him unresponsive. He was rushed to a hospital, where he was diagnosed as having septic shock, a subdural abscess, and sinusitis, among other problems necessitating emergency neurosurgery. Doe, who suffered a stroke, has a brain injury resulting in cognitive delays.

Doe, through his parents, sued the United States, alleging failure to provide reasonable and appropriate medical care. Suit claimed that the clinic’s failure to timely diagnose and treat a subdural infection and abscess resulted in the stroke and that the PA should have consulted with a pediatrician and sent Doe to the ER for a CT scan.

The parties settled for $15 million.

Citation: Doe v. U.S., No. 1:20-cv-02872 (N.D. Ill. May 10, 2024).

Plaintiff counsel: AAJ members Matthew L. Williams and Heidi L. Wickstrom, both of Chicago.