3-Year-Old Was Injured In Auto Accident

$1.5 Million Verdict

The parents of 3-year-old Shane McDonald brought a medical malpractice action against Dr. Joseph Wilson, who treated Shane after he was injured in a high-speed collision.

Shane was taken by ambulance to Barton County Memorial Hospital, where his vital signs went from normal to tachycardic, tachypneic and hypotensive. He showed early signs of shock.

Dr. Wilson ordered a CT scan and cervical x-rays because of Shane's apparent head contusion. He suspected a pulmonary contusion within 15 minutes of arrival, but did not arrange for a transfer to a trauma center until chest x-rays confirmed an early pulmonary contusion. Shane was transferred to St. John's Regional Medical Center, where arterial blood gases showed he had been acidotic for hours. Chest x-rays showed that the untreated early pulmonary contusion had become a massive bilateral pulmonary contusion with hemorrhage, and he died within 2 1/2 hours.

The plaintiffs claimed Dr. Wilson was negligent in failing to order arterial blood gasses, failing to use mechanical ventilation and failing to transfer Shane to a higher-level trauma center. The plaintiff also contended that the three nurses caring for Shane should have recognized the signs of respiratory distress and intervened on his behalf with a timely transfer or intubation.

The defendants argued that Shane was not going to survive and that Dr. Wilson used appropriate clinical judgment in evaluating Shane before transfer. He also argued that blood gases and intubation were not necessary.

The jury returned a verdict of $1.5 million against Dr. Wilson after two hours of deliberation. The jury found in favor of the defendant nurses.

Type of Action: Medical malpractice

Type of Injuries: Death

Court/Case Number/Date: Dade County Circuit Court/CV197-148CC/Feb. 2, 2001

Caption: McDonald v. Wilson, et al.

Judge, Jury or ADR: Jury

Name of Judge: Gerald McBeth

Verdict or Settlement: $1.5 million verdict

Special Damages: $9,000 funeral expenses, autopsy

Allocation of Fault: None

Last Offer: None

Last Demand: $500,000 from Dr. Wilson and $250,000 from nurses; or $540,000 collectively

Attorneys for Plaintiff: Roger Johnson, Hershewe & Gulick, Joplin; Scott Gallagher, Little & Gallagher, Carl Junction

Insurance Carrier: Intermed Insurance Company for Dr. Wilson; Missouri Hospital Plan for defendant nurses

Plaintiff's Experts: Dr. Shane Bennoch, Ash Grove (emergency room medicine); Darlene Nelson, San Antonio (nurse); Dr. Eliezer Nussbaum, Long Beach, Calif. (pediatric pulmonologist)

Defendant's Experts: Dr. Joni Scott, Springfield (trauma surgeon)