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The Honolulu Advertiser

Updated at 11:51 a.m., Thursday, August 16, 2007

Family awarded $9.4M for 'negligent' Tripler treatment

By KEN KOBAYASHI
Advertiser Courts Writer

A federal judge this morning awarded $9.4 million to a family of a 3-year-old boy who suffered massive brain damage when treated at Tripler Army Medical Center.

U.S. District Judge David Ezra presided over a nonjury trial and rendered a 67-page decision today that said Tripler was negligent in treating Parker Benjamin Kohl, son of Darius and Karen Kohl.

According to the suit, Kohl was born a healthy baby in December 2003 at Tripler, but was later diagnosed with a heart defect. The suit said Tripler did not provide proper care and the boy developed a respiratory infection that required hospitalization in May 2004.

When hospitalized, Tripler personnel negligently treated him, which resulted in "ventricular fibrillation/cardiopulmonary arrest" causing the massive brain damage, the suit said.

When the lawsuit was filed last year, the family's attorney Rick Fried said the boy was blind and unable to walk and was being fed through a tube. The boy also had a tube for breathing, Fried said.

The U.S. attorney's office argued against any liability by the federal government during the trial.

Assistant U.S. Attorney Michael Burke called the case "very, very tragic," but said the office took the position that Parker was provided quality care.