Practice Area: Medical Malpractice
Outcome: Defendant's Summary Judgment Motion denied
Description: A federal district court judge denied the Government's Summary Judgment Motion claiming a medical malpractice action was filed too late - seven years after the child's birth. Kyler Coleman suffered severe brain damage after birth because nurses at a military hospital failed to perform standard blood glucose testing required based upon his symptoms for hypogylcemia (or low blood sugar). When Kyler's condition deteriorated following birth, his parents were told that his condition was caused by meconium and respiratory problems occurring during birth. Over six years later, the military hospital claimed they did not have Kyler's medical records. Counsel ultimately obtained Kyler's records from an out of state warehouse for military records. Those records, and the records that were, in fact, maintained by the military hospital, showed that Kyler suffered a profound period of hypoglycemia after his birth that was ignored for nearly two hours. Kyler's parents were never told about this episode by his military or private treating , and the cause was not revealed until counsel obtained his medical records. Because the actual cause of Kyler's injuries was concealed from and not apparent to his parents, the Court held that Kyler was not barred from pursuing his medical malpractice action against the Government based upon a seven year delay.