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The Honolulu Advertiser

Updated at 4:32 p.m., Thursday, October 19, 2006

Family awarded $16.5 million in Tripler suit

By Ken Kobayashi
Advertiser Staff Writer

A federal judge today found that the federal government must pay about $16.5 million to the family of a 1-year-old boy who suffered severe brain damage when he was given carbon dioxide instead of oxygen shortly after his birth at The Tripler Army Medical Center.

U.S. District Judge David Ezra issued the verdict in the nonjury trial on behalf of parents Dwight and Shalay Peterson, whose son Izzy Peterson was born Jan. 14, 2005.

Rick Fried, lawyer for the Petersons, said the verdict is the largest for a single person in a personal injury case in Hawai'i.

As a result of getting carbon dioxide, Izzy requires 24-hour care and breathes and eats through tubes, Fried said.

The federal government earlier in the case admitted it was liable for the injuries. The trial was over the amount of damages.

The family lives in San Antonio, Texas.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.