$10 Million-Plus Malpractice Suit Settled

Judge Arthur Dalessandro has signed a court order approving the settlement of a medical malpractice action against a Philadelphia physician and hospital under which a local couple and their minor child may be paid a sum in excess of $10,000,000 over the life expectancy of the minor.

Michael and Suzanne Horvarth of Wilkes-Barre instituted suit in Philadelphia County Court against Dr. Douglas Wilkerson and the Children's Hospital of Philadelphia claiming their daughter's neurological deficits were the result of the defendants failure to diagnose the child's hypoglycemia by performing blood glucose studies. It was averred that as a result of the delay in diagnosis and treatment of the glycemia the minor has sustained progressive brain damage.

According to a document attached to the petition seeking court approval of the settlement, several world-renowned experts reviewed the hospital records and concluded that ... "the failure to obtain blood glucose values as ordered and subsequently to rule out hypoglycemia in the course of this child's care represents a gross deviation from acceptable standards of medical practice."

The document revealed that the minor was admitted to the neurology service of the Children's Hospital of Philadelphia on three separate occasions during which hospitalizations there was a failure to perform a blood glucose test "as part of the basis for formulating a proper diagnosis of Heather's condition."

The complaint noted that after the three hospitalizations, the child was taken to the Presbyterian Hospital in New York City, where immediately upon admission a complete blood chemistry laboratory survey was performed, revealing a low blood glucose concentration confirming a diagnosis of hypoglycemia and that the child was placed on a drug regimen and the proper course of treatment for hypoglycemia was instituted.

As a result of the court order, insurance carriers for the defendant and the Medical Professional Liability Catastrophe Loss Fund will pay the sum of $700,000 by Dec. 31 and purchase annuities by which there will be additional guaranteed lump sum payments of $500,000 together with monthly payments in the amount of $2,500 at three percent a year payable for the remainder of the life expectancy of the four-year-old child and guaranteed for a period of 30 years.

Judge Dalessandro also approved the payment of counsel fees and the reimbursement of all costs advanced to Atty. Joseph A. Quinn Jr., of the firm Hourigan, Kluger, Spohrer and Quinn, who represented the plaintiffs.

The petition seeking court approval indicated the present cash value of the total settlement is estimated to be $1,400,000 and also indicates the United Penn Bank was named as guardian of the estate of the minor.