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Massachusetts

Taylor McCormack
Pembroke, MA

13-month-old Taylor McCormack's parents brought her to the ER because a device in her brain that had been implanted at birth was malfunctioning. The device’s purpose was to drain excess fluid from her brain. They were told that Taylor required immediate surgery due to the serious possibility of brain damage from a pressure build-up. Despite this risk, physicians delayed the surgery until the next day, saying that the operating room was too busy. While Taylor waited for surgery, fluid built up in her brain. Taylor was not put in the intensive care unit or properly monitored while she waited for surgery.

Taylor’s brain swelled during the night and she died as a result.
Three years later, Taylor's parents learned that the operating room was, in fact, available that night. It turns out that the attending neurosurgeon failed to answer any pages because he had muted his pager to go grocery shopping and sleep. This neurosurgeon did so even though he had been made aware of Taylor’s delicate condition earlier in the evening. Residents in the ER did not try to contact an alternative surgeon. They had not even placed Taylor’s name on the operating room schedule, though they said that they had.

The operating room nurse stated in her deposition that she told the resident about the available operating room. She also stated that if a surgeon had been available, the operation would have relieved the swelling in Taylor’s brain. The case is currently pending in Massachusetts.

Watch/listen to Taylor's father testify before Congress.


Updated March 2005

Balancing the Scales of Justice
American Association for Justice
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