Family of Injured Newborn Seeks 21.5 Million From Federal Government

By Brittany Golledge

Published on August 02, 2005

The baby boy was born at Tripler Army Medical Center in January of 2005. According to the family's attorney, hospital staff mistakenly administered carbon dioxide after birth instead of oxygen for approximately 42 minutes before noticing a problem and discontinuing use of the gas.

The family is seeking damages for medical malpractice as well as personal injury. According to court documents, attorneys for the family will argue that the boy has suffered permanent bodily injury. The baby is blind, and requires a feeding tube for survival. He remains in a coma.

The boy is expected to live for about 40 years, and the family is seeking 1.5 million for loss of earnings and pain and suffering, as well as 20 million for the estimated cost of care.

The family filed suit in federal district court after receiving several settlement offers from the Army Department of Claims; offers which their attorney states were unsatisfactory to the family.

A hospital spokeswoman has indicated that the Army will continue to try and settle the case. As of the filing of the lawsuit, the army has covered all medical expenses for the child.

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