A jury has found William Beaumont Hospital negligent in the case of a 2-month-old boy who suffered brain damage during a renal scan. The boy, Vihn Tran, was taken to Beaumont-Royal Oak Hospital in Troy, Michigan, on March 30, 2006, for the scan. As technicians attempted to insert an intravenous line, Vihn suffered a breath-hold spell, which led to severe brain damage and cerebral palsy.
Vihn’s mother, Yen Tran, sued the hospital for medical malpractice, alleging that the nuclear radiology technologists delayed calling a code blue and failed to give chest compressions as required by the standard of care. Yen Tran claimed that the hospital staff failed to recognize the seriousness of the breath-holding episode, thus delaying the code blue call.
According to the allegations, Vihn was in the hospital at 10:10 a.m. when the IV was placed into the child and the breath-holding spell began. The technologists did not notice the child was struggling for 13 minutes until his mother pointed out that he was turning blue. The technologists took some action at that point but not enough, and several more minutes elapsed before a code team arrived.
Yen Tran’s medical experts opined that the delay led to Vihn suffering a severe anoxic brain injury and resultant cerebral palsy. A nuclear medicine technologist testified as an expert for Tran, stating that the defendants delayed in calling a code because they did not appreciate that Vihn was struggling to breathe and then eventually stopped breathing.
The defense did not dispute that Vihn had a breath-holding spell but contended that the spell was not due to any negligence on the part of the nuclear medicine technologists at the hospital. The defense’s medical experts opined that the nuclear technologists responded rapidly and that there was nothing that could be done because, due to his underlying neonatal lupus condition, Vihn was anemic before the renal scan was performed.
The defense experts further stated that the medical team responded appropriately and that the outcome was simply unfortunate because Vihn was fragile. However, the jury found that William Beaumont Hospital, through its employees, was negligent, that Vihn sustained an injury, and that the negligence of William Beaumont Hospital through its employees was a proximate cause of Vihn’s injury.
Vihn will need lifelong 24/7 attendant care and physical therapy due to his condition. He is unable to feed himself, dress himself, or bathe himself and will most likely be wheelchair-bound in the foreseeable future.
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The jury determined that damages totaled $130,571,897, which is expected to be reduced to approximately $49 million due to a statutory cap.
The verdict is expected to be reduced due to the statutory cap, and it is anticipated that the defense will appeal the verdict.
As Vihn grows up, he will require ongoing medical care, including occupational therapy, speech therapy, and neurological evaluations. His family will also need to make significant modifications to their home to accommodate his needs, including the installation of a therapy swim pool and the use of a pediatric power wheelchair.
The case serves as a reminder of the devastating consequences of medical negligence and the need for hospitals and medical professionals to prioritize patient care and safety above all else.
The verdict will have significant implications for the hospital and the medical community at large.
Yen Tran will have to consider a daily routine that includes taking care of her child.
