Posted on: Thursday, July 12, 2001

Judge finds Tripler liable for child's brain damage

By Jessica Webster
Advertiser Staff Writer

A U.S. District Court judge ruled yesterday that Tripler Army Medical Center must pay a couple $1.4 million for substandard care of their 6-month-old daughter.

Judge Alan Kay said Tripler medical staff members were responsible for Kathryn James' brain damage because they failed to diagnose and treat her meningitis in a timely manner in 1997.

The child's parents, Quentin and Cheryl James, took her to Tripler because of a fever and possible seizure. The staff monitored her fever, administered Tylenol and released her with Tylenol prescribed.

Because of the symptoms, Tripler should have performed diagnostic tests, including a lumbar puncture, according to the James' attorney Mark Davis. Treatment was delayed 27 hours before the child was admitted to Tripler and given antibiotics.

According to the decision, the girl suffered an injury to the frontal lobe of her brain. Although she has recovered and is functional, she continues to have academic and behavioral problems.

Davis said the family, now stationed in Georgia, will use the money to ensure that the girl receives appropriate medical, academic and rehabilitation services.

"This has been a long difficult struggle for this family, and they, of course, have been haunted by the realization that the injuries to this child could have been entirely avoided with appropriate and timely medical intervention," the attorney said.

Tripler officials declined to comment because they said they needed more time to examine the decision.

The court awarded $210,925 to cover future medical expenses and $700,000 for diminished quality of life and for general damages. Additionally, the parents were awarded a total of $500,000 to compensate for their own emotional distress.