Professional Negligence Law Reporter

Darion Brewer, seven months, was sick for nine days and was placed on Zithromax after visiting a hospital emergency room and urgent care facility. He was taken to pediatrician Cheryl Emoto, who noted that Brewer was experiencing respiratory distress and weight loss. The physician diagnosed bronchiolitis and prescribed albuterol, advising his family to return in a week if Brewer’s condition did not improve. Four days later, Brewer died. An autopsy reportedly revealed that he had suffered from acute pneumonia. He is survived by his mother.

Brewer’s estate sued Emoto and her medical group, alleging the physician had misdiagnosed Brewer’s condition and failed to obtain his prior medical records, including a hospital chest X-ray showing pneumonia. The plaintiffs also sued the hospital and urgent care facility. The defense argued that the child’s death resulted from aspiration, not bacterial, pneumonia.

The hospital and urgent care defendants settled for undisclosed amounts before trial. The jury awarded more than $2 million, finding that both defendants had negligently treated Brewer but that only Emoto’s negligence was the cause of the child’s death.

Citation: Babbitt v. Prime Healthcare Servs., Inc., No. CIVDS1503504 (Cal. Super. Ct. San Bernardino Cty. Oct. 22, 2020).

Plaintiff counsel: Elliott N. Tiomkin, Encino, Calif.