A jury on Monday awarded a record $ 26.1 million medical malpractice judgment against the Children’s Hospital & Medical Center for failing to properly treat a child who suffered seizures after a fall at a Sarpy County day care center.
After a two-week, two-day trial of deliberation, a jury decided that the Children’s Hospital and Dr. Heidi Killefer improperly dismissed Vivianne T. Marousek after the head trauma that led to epileptic seizures in the hospital. , then 11 months old.
A former emergency doctor had treated Vivianne properly, said Patrick and Joseph Cullan, Omaha lawyers who represented Vivianne and her parents, Andrea and Jacob Marousek. But when Killefer returned to care in January 2017, she concluded the child had suffered a seizure that would not persist, Joe Cullan said on Monday. She released the child from the hospital.
Within 48 hours of her parents bringing her home, the child suffered severe seizures and irreparable brain damage, Cullan said.
“Every expert we had said that you never give a free pass to a child – you deal with seizures,” he said. “We told our customers, ‘Don’t worry, she’ll be fine.’ She has suffered from profound seizures and will never be the same again. ”
Cullan said Vivianne, now almost 6, was in good health before the accidental fall. The child is now blind, being able to distinguish only the outlines of his parents. She is in a wheelchair, suffers primarily from a form of cerebral palsy and is unable to communicate other than hearing her parents’ voice.