The parents of a boy whose intestines were damaged by an infection that went undetected in Tufts Medical Center's neonatal intensive care unit for nearly a day have been awarded a $24.4 million judgment by a jury, but will receive only $5.3 million under a prior deal between the parties.
Edward Xu, who is now 9 years old, was a premature newborn when he got the infection that distended his belly.
Lawyer Benjamin Novotny, with Lubin and Meyer, said Edward's parents alerted a doctor who ordered X-rays after 11 hours, but those only captured the half of his belly that was not infected. Novotny said it took another 13 hours before doctors realized what was wrong.
Yesterday, a jury returned a verdict that orders the hospital to pay $24.4 million to Edward's parents. However, both sides had agreed to limit the payout to $5.3 million under a deal that would have ensured some payment to the family regardless of the verdict.
"I'm just happy to see the family get the help that they need," Novotny said. "His parents take a bag of fluid and they tie it to a pole beside his bed. The bag feeds a tube in his chest. For eight to 10 hours a night he stays hooked up to these machines. It will be like this for the rest of his life."
The boy underwent emergency surgery to remove the damaged and infected lengths of his intestine, but the medical costs involved in his care are more than $2,000 a week, Novotny said.
Tufts yesterday defended its care of the boy.
"We have reviewed this case thoroughly and Edward was monitored closely by a team of experienced medical experts. They performed early medical and surgical interventions to save his life, using the most advanced techniques," the hospital said in a statement following the verdict. "Our care team is saddened that the best medicine available could not give him a better outcome."
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