Air base medical staff missed son’s diagnosis, plaintiff claimed
| TYPE OF ACTION: | Medical Malpractice, Federal Tort Claims Act |
| INJURIES: | Permanent Brain Injury Due to Undiagnosed Hydrocephalus |
| NAME OF CASE: | Whitaker v. United States |
| COURT: | Western District of North Carolina |
| CASE #: | No: 3:08-cv-202 |
| JUDGE: | Judge Robert J. Conrad, Jr. Magistrate Judge David S. Cayer |
| SETTLEMENT AMOUNT: | $1.5 Million |
| PLAINTIFFS' EXPERTS: | Daniel Rauch, M.D., FAAP Pediatrician New York University School of Medicine New York, NY |
| Harvey E. Cantor, M.D. Pediatric Neurologist St. Louis University School of Medicine St. Louis, MO | |
| John R. Seals, M.D. Pediatric Neurologist San Antonio, TX | |
| Julie Sawyer-Little, MS, OTR/L Life Care Planner Sawyer & Associates Fuquay-Varina, NC | |
| Oliver G. Wood, Jr. Economist Columbia, SC | |
| PLAINTIFFS' ATTORNEYS: | Sam McGee Gary W. Jackson Jackson & McGee, LLP Charlotte, NC |
| Jeffrey C. Anderson Law Offices of Jeffrey C. Anderson San Antonio, TX | |
| DEFENDANT'S ATTORNEY: | Sidney P. Alexander Assistant U.S. Attorney |
| PERSON SUBMITTING: | Sam McGee Jackson & McGee, LLP Phone: (704) 377-6680 Fax: (704) 377-6690 |
DESCRIPTION OF CASE:
This case involved allegations of medical malpractice against the medical staff at Eglin Air Force Base for failure to diagnose and treat hydrocephalus in an infant. Marcus Whitaker was born February 17, 2005. Marcus' father was in the Air Force at the time. Therefore, from birth until his father's honorable discharge in May of 2005, Marcus was under the care and treatment of the medical staff at Eglin Air Force Base in Fort Walton Beach, Florida. This care and treatment included "well-baby" visits on March 1, 2005 and April 29, 2005. After his father left the service, it was discovered that Marcus had hydrocephalus. He was seen in Charlotte by a pediatrician, Dr. Andrew Gunter, on August 3, 2005, who immediately referred Marcus for a CT Scan. Marcus was diagnosed with hydrocephalus and underwent immediate surgery for shunt placement by a neurosurgeon, Dr. Charles Schott McLanahan. Since that time, Marcus has been under regular treatment by Dr. Gunter, Dr. McLanahan (shunt revisions, etc.), eye doctors (including eye surgery), speech therapy, occupational therapy, physical therapy, and neurology.
Plaintiff contended that the medical staff at Eglin Air Force Base failed to diagnose Marcus's hydrocephalus in a timely fashion. Although Marcus's head size was not "off the chart" based on head circumference charts, it was near the top of the chart. In addition, plaintiff contended that the presence of strabismus (consistently crossed eyes) and a failure to reach developmental milestones, should have alerted the caretakers of the possibility of hydrocephalus and led to further diagnostic tests. Plaintiff contended that the medical staff at Eglin Air Force Base did not evaluate developmental milestones as required by standard protocol, and reassured Marcus's parents that the strabismus was not a concern.
Defendant contended that it was not a breach of the standard of care to fail to diagnose Marcus's hydrocephalus because his head size was not "off the chart." Defendant further contended that standard protocol was followed, that the family did not complain of strabismus, and the family failed to obtain timely follow-up after separating from the military. Finally, the Defendant contended that Marcus would have had the same cognitive deficits he currently has even if his hydrocephalus had been diagnosed sooner, based on the theory that he had a congenital condition known as Dandy Walker Syndrome. Defendant petitioned the Court for an MRI under general anesthetic in order to determine whether Marcus had Dandy Walker Syndrome. Plaintiff resisted this effort, arguing that an MRI would not necessarily diagnose Dandy Walker Syndrome, that numerous less invasive scans were already available, and that the treating and expert physicians in the case had opined that Marcus's deficits were caused by hydrocephalus, not any other condition. Defendant's Motion for the MRI was denied by Magistrate Judge David S. Cayer. Whitaker v. United States, 2009 U.S. Dist. LEXIS 56735 (June 30, 2009).
Two of Plaintiff's treating doctors, Dr. Charles Scott McLanahan (Neurosurgeon, Charlotte) and Jeffrey Gunter (Pediatrician, Charlotte) gave testimony that was helpful in establishing the cause and extent of Marcus's deficits, as well as in resisting Defendants' Motion for MRI.
Of the 1.5 Million recovered, 1.0 Million has been placed in trust to pay for Marcus's care and treatment.
