Family of baby paralyzed after medical treatment gets $10 million settlement
The family of a baby who was partially paralyzed following a medical treatment in Tacoma has settled their medical malpractice lawsuit for $10 million, according to court records.
Chante Ramirez’s lawsuit against the MultiCare Health System and Pediatrics Northwest said that her daughter, identified in court records by the initials J.L., suffered paraplegia following a chemotherapy injection in 2017.
The court approved the settlement earlier this month, records show.
MultiCare said in a statement: “We at MultiCare extend our sincere sympathy to the Ramirez family in this difficult situation, and we are so very sorry for their experience. Because of patient privacy, we cannot discuss the specifics of this situation.”
Pediatrics Northwest did not respond to The News Tribune’s requests for comment.
The lawsuit and related filings in Pierce County Superior Court give this account of what happened:
J.L. was diagnosed with acute lymphoblastic leukemia a few months after she was born. Her treatment included chemotherapy at Mary Bridge Children’s Hospital.
A doctor who worked for Pediatrics Northwest and was “an agent/ostensible agent of” MultiCare gave the baby a chemotherapy injection Aug. 3, 2017, the complaint says.
Ramirez noticed after that the 13-month-old seemed fussy and that she hadn’t been moving her legs very much.
She had J.L. evaluated, and the baby was diagnosed with paraplegia following a spinal cord injury.
“Plaintiff’s experts and J.L.’s treaters are all in agreement that the lumbar puncture was performed higher than customary and most likely done at the T12-L1 level,” says a declaration from one of her attorneys, James Holman. “The infant spinal cord extends well past the T12-L1 level and well past even an adult spinal cord making this a very dangerous area to put a needle and a clear violation of the standard of care.”
Since the diagnosis J.L. has undergone surgery, and will probably need more hip surgeries to improve her mobility.
“J.L. is now at the age where she can recognize she is different than other kids,” Holman’s declaration says. “Chante has described taking J.L. to the playground and having to hold her while the other kids chase each other and play tag. J.L. desperately wants to run and play. Instead, her Mom must hold her and help her onto each part of the playground.”
J.L. will always be wheelchair dependent, Holman wrote.
“Every single day, J.L. is reminded that she is different,” his declaration says. “She is fiercely independent and is frustrated by her inability to do the same things as the other kids in her day care. While partial paraplegia will place barriers that will stress her and frustrate her, J.L. is a bright child, and will overcome her limitations and will be able to attend school, college, work and raise a family.”
A note in the girl’s chart said she had learned to walk the day before the procedure.
Her mother had taken video of those first steps.
This story was originally published January 20, 2020 at 5:30 AM.
