Professional Negligence Law Reporter

Doe, 3, experienced fever, poor appetite, difficulty breathing, lethargy, severe congestion, and wheezing. Her parents took her to a pediatric practice, where she was seen by a physician assistant (PA). The PA diagnosed croup and ordered racemic epinephrine before sending the family home with the reassurance that there was nothing seriously wrong with Doe. The next day, Doe’s condition worsened. Her mother called the practice and was told to bring Doe in for a steroid shot. Before she went, however, Doe became unresponsive and suffered respiratory distress. She was taken to a hospital, where she died of pneumonia, sepsis, and brain damage resulting from the human parainfluenza type 1 virus.

Suit against the pediatric practice alleged liability for the PA’s failure to properly treat Doe, including the failure to check her oxygen saturation and reassess her after she was administered racemic epinephrine. Suit also alleged that a physician should have seen Doe or spoken with the family.

The parties settled before trial for $750,000.

Citation: Doe v. Roe Pediatric Practice, Undisclosed Dkt. No. (Va. Confidential Ct. Feb. 10, 2021).

Plaintiff counsel: AAJ member Anthony M. Russell, Roanoke, Va.; and AAJ member Les S. Bowers, Charlottesville, Va.