A jury in Dauphin County, Pennsylvania considered the case of a young boy who incurred a brain injury after sleep apnea surgery in 2007. The young child was only 11 months old when, after testing positive for sleep apnea, the surgical error occurred. After weighing the evidence from both sides, the jury awarded the young boy $1.1 million.

The then-infant now has "developmental delays" that place him about a year and a half behind in learned skills, when compared to his peers. His family's lawyer notes that "It's difficult to know what he'll be like at 20."

His sleep apnea tests revealed that he was suffering almost 50 episodes per hour, resulting in his doctor's recommendation for surgery to remove his tonsils and adenoids, while also inserting ear tubes. The physician performed the ill-fated surgery at Harrisburg Hospital, which was not a party to the lawsuit.

After surgery, the lawsuit alleged that the infant experienced breathing problems, causing him to remain in recovery for five hours, because of a low oxygen level in his blood. The complaint further alleged that the physician failed to conduct sufficient physical exams after the surgery and to order hospital personnel to continue employing a device to monitor the child's blood oxygen level.

At some point, the child needed resuscitation after ceasing to breath and having no pulse. This caused a brain injury that is visible with MRI procedures. The jury decided that the surgical error, and subsequent brain damage, would not have happened if the physician had continued to monitor the infant's low blood oxygen level.

Since the case involves a minor child, the judge must approve legal fees and expenses. The jury award must also reside in a trust dedicated to meeting the child's future needs.

Source: The Patriot-News, "Harrisburg-area child awarded $1.1 million in medical malpractice lawsuit," David Wenner, June 20, 2012