Medical Malpractice – Confidential Settlement (Federal Tort Claims Act, Pediatric Wrongful Death)

Eight-year-old “Isabel” was on vacation with her family in upstate New York when she began experiencing unusual symptoms: chest pain, difficulty breathing, and overwhelming fatigue. Her mother, concerned, brought her to a local urgent care clinic.

The nurse practitioner who evaluated Isabel diagnosed her with a stomach virus and sent her home with anti-nausea medication. No heart testing was performed. No ECG. No hospital transfer. Within twelve hours, Isabel woke in the night screaming in pain. She collapsed and went into cardiac arrest. Despite emergency efforts, she died just hours later.

Medical records later revealed that Isabel had multiple red flags for pediatric myocarditis — an inflammation of the heart muscle. She presented with chest pain, rapid heartbeat, low blood pressure, labored breathing, and persistent vomiting. These were not signs of the flu. They were signs of a failing heart.

Experts concluded that had Isabel been transferred to a hospital for proper evaluation and treatment, she likely would have survived. Instead, her warning signs were missed and her family suffered an irreversible loss.

The case was brought under the Federal Tort Claims Act because the urgent care center was a federally supported health facility. Through discovery and expert review, we demonstrated that the care fell below accepted medical standards in evaluating a child with signs of cardiopulmonary compromise.

The case resolved confidentially, allowing Isabel’s mother to secure her family’s future and to obtain accountability for a tragedy that should have been prevented.

Names and identifying details have been changed to protect client privacy.