Birth Injury Due to HSV – Defense Verdict

Johnson v. Legacy Good Samaritan Hospital et al., Multnomah County Case No. 15CV06640

This case involves a child who developed a brain injury several weeks after his birth from encephalopathy caused by an infection with herpes simplex virus, type-2 (“HSV”). The boy’s court-appointed guardian ad-litem brought this case claiming that when the boy’s mother presented to Defendant Legacy’s hospital and saw Defendant Dr. Miles she had oozing spots on her vaginal walls which should have alerted the doctor and the hospital that she needed to be tested for Herpes.  Plaintiff also claimed that Dr. Elia, a pediatrician who saw the boy shortly after his birth, was negligent for failing to order testing for herpes when he observed blisters on the child’s scalp. It was alleged that at this point the child’s condition could have been successfully treated. Plaintiff sought $34,000,000.00 in economic damages for past and future medical expenses and life care expenses as well as $12,500,000 for non-economic damages.

Defendant Dr. Elia settled with Plaintiff during the trial.  Dr. Miles and Legacy argued that the child’s mother did not alert her care providers that she used to be a sex worker, did not go to follow-up appointments and that the vaginal spots did not present a reason for herpes testing with the information they had.

Plaintiff’s Counsel – William Barton, Robert Beatty-Walters and Brent Barton

Defense Counsel – John Hart and Steven Jones

Verdict – Defense Verdict

Date – January 29, 2018

February 16, 2018

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