A $250,000.00 settlement for a baby with Down's Syndrome and a partially formed esophagus. At 3 months old doctors inserted a tube into the child's stomach and while doing so punctured a hole in his stomach wall. Sepsis resulted and the doctors failed to notice the infection that led to the child's death. Lead attorney was partner Kevin F. Quinn with former associate Eric Seiken.

Date, Time and Place of Incident(s): February 28, 2002, Children's Hospital, San Diego, California

Facts and Background:  
Plaintiff's son, Saul Cruz Solis, was born on December 24, 2001 with Down's Syndrome and a partially formed esophagus. Saul remained in the hospital for the next two months in stable condition. On February 28, 2002, doctors for defendant Regents of the University of California inserted a tube into Saul's stomach and while so doing, punctured a hole in his stomach. The doctors failed to recognize this condition and over the next 12 hours, fed Saul formula which entered his bloodstream, causing sepsis. Despite the parents' complaints to doctors and nurses at Children's Hospital regarding the change in Saul's status, the doctors and nurses reassured the parents that Saul was fine. The sepsis caused a fever of 106 degrees and a subsequent stroke. Saul died on March 2, 2002 as a result.

Plaintiff's Contentions, Allegations:
Plaintiffs alleged the doctors failed to adhere to the standard of care when the hole punctured in Saul's stomach was not diagnosed. Plaintiffs further alleged the nursing staff at Children's was negligent when they failed to recognize Saul's early signs of distress. Both breaches of standard of care caused Saul's death.

Injuries and/or Damages: Death of Saul Solis, a 3-month old child.

Settlement Amounts: $250,000.00 settlement negotiated on August 5, 2002

Verdict or Award:
Economic, $2,750,000 Noneconomic , $1,250,000 reduced to $250,000 under MICRA , Future Economic Value, Approximately $20,000,000.00 medical and wage loss

Other Verdict Details:
January 21, 1998. Defendant negligence , Desert hospital , 35 percent Dr. Donaldson , 35 percent

Length of Trial: 21 Days

Jury: 3.5 day deliberation

Attorney for client: Kevin F. Quinn with associate Eric Seiken

Attorney for defendant: George L. Root, Foley & Lardner