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Litigation Funding Blog

7-Year-Old Boy in Permanent Vegetative State Due to Medical Malpractice

August 26, 2016

In 2010, the Griffith family took their child to Teays Pediatrics. He had been vomiting frequently. What followed was a series of medical oversights that left the then 7-year-old boy in a permanent vegetative state.

Tabatha and Karle Griffith took their young son Gabriel to the local pediatrician December 13, 2010 to find out why their son was vomiting frequently. Dr. Ann Lambernedis examined him at Teays Pediatrics. The doctor could not say why the child was vomiting and did not take his pulse at the time even though radiological tests were performed on Gabriel’s chest and abdomen.

The young boy continued to vomit, prompting the parents to call the doctor several times for assistance. On December 27, 2010 the parents once again took their son to Teays Pediatrics for help. Dr. Lambernedis still had no diagnosis to offer them and once again the child’s pulse was not taken.

In July 2011, the child was once again taken to see Dr. Lambernedis because he was still vomiting. There was no diagnosis suggested at this time either, but the child’s pulse was noted to be 100 beats per minute. More chest and abdomen tests were performed again.

A week later, the Griffith family received a referral from Dr. Lambernedis to a gastroenterologist. By the time the Griffiths went to see the gastroenterologist in August 2011, their son’s pulse was 160 beats per minute.

Their son was sent to the hospital and diagnosed with supraventricular tachycardia. His breathing rate doubled and according to the statement of claim filed in this case, hospital staff did not intubate him in a timely manner. The Griffith’s son suffered cardiac arrest the next day and sustained irreversible neurological damage, leaving him in a permanent vegetative state.

The Griffiths filed a medical malpractice lawsuit alleging Dr. Lambernedis was negligent in diagnosing their son’s condition and not treating him correctly and that the hospital and other medical professionals were also negligent in their care and treatment of their son.

In order to handle their medical bills, the Griffiths would need access to a substantial amount of money. The ideal solution for them may be to apply for litigation funding, also referred to as pre-settlement funding. Being approved for and receiving litigation funding does not mean the finance company is involved in your case. All case litigation strategies, trial preparation, settlements, negotiations and legal decisions remain in the purview of your attorney in partnership with you.

A lawsuit loan is considered to be non-recourse funding, which means that any repayment is dependent on the outcome of your case. If it should fail in court, there is no repayment and you keep the funding with no obligation to repay it.

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