Confidential Settlement – Delayed Diagnosis Results in Permanent Injury to Hand and Fingers

Many Children fall off their beds, but for Caroline, her fall resulted in her losing her hand and fingers. At four years old, Caroline fell off her bed and broke her arm. Her mother took her to the hospital, and an orthopedic surgeon reset her arm and put it in a cast. Caroline adjusted to having a cast on, but about a week after the fall, Caroline’s mother noticed that she was not using her fingers. Caroline’s mother called the surgeon’s office and was told by the surgeon’s nurse that everything would be fine. So, Caroline continued to wear the cast.

But everything was not ok. After the cast was removed, Caroline was still unable to move her fingers. She went through a series of tests, and eventually the surgeon diagnosed Caroline with “compartment syndrome,” a painful condition that occurs when pressure within the arm (or sometimes, the leg) builds up to dangerous levels. This pressure causes nerves to be cut off from the blood supply. When the nerves do not get the oxygen and nutrients they need to develop and function correctly, they die, and the muscles that they control no longer function. Compartment syndrome can be caused by having a cast on that is too tight.

The Eisen Law Firm retained one of the top orthopedic surgeons in the United States to review Caroline’s medical records. Our expert determined that the diagnosis of compartment syndrome should have been made much earlier. This earlier diagnosis would have led to earlier treatment, and earlier treatment would have led to better results for Caroline.

Sometimes with babies, infants, and small children, it can take a while to determine the full extent of the damage from medical errors. It can be a mistake to file suit too soon, before the experts can offer a scientifically valid opinion that an injury is permanent. Experienced attorneys know when to file suit, and when to wait. In Caroline’s case, The Eisen Law Firm counseled patience and pressed their claim only when it became apparent that Caroline’s ability to move her fingers would never return.

The Eisen Law Firm was able to reach a large, confidential settlement that will help Caroline for the rest of her life.