There was a bittersweet conclusion to the litigation arising from the tragic death of thirty-one month old Danielle Johns. She went into Blackwell Regional Hospital, in Blackwell, Oklahoma, for a routine tonsillectomy and died as a result of medical negligence. Danielle's family wanted answers, accountability, and significant changes in hospital policies to make sure others would not be victimized as Danielle was.
Danielle's post-surgery care was placed in the hands of an uncoordinated and ill-informed medical team. Her surgery was performed by an out-of-town "itinerant" surgeon who left the city without notifying the family doctor that Danielle was still in the hospital. after surgery, Danielle received a grossly excessive injection (a 300 cc bolus) of intravenous solution, resulting in a marked decrease in her total serum sodium (hyponatremia). This produced brain swelling (cerebral edema) and vomiting. Her level of consciousness declined through the afternoon and this was not appreciated or reported by the nurses. Ultimately she had seizures. The family doctor was then called to treat Danielle and he failed to diagnose the cause of her seizures. Eventually the untreated swelling caused brain death. It was every parent's worst nightmare for David and Carolyn Johns.
David and Carolyn first brought their concerns and questions to the hospital administration and the doctor. They wanted to know why Danielle had died. But no one connected to the case provided satisfactory answers and so David and Carolyn Johns sought assistance from Lynn Johnson of our firm. His investigation uncovered evidence of negligence on the part of both the hospital and the family doctor.
On the first day of trial the case was settled by payment of 1.25 million dollars by both defendants, and in addition, according to the terms of the settlement, the hospital agreed to make six policy changes that will prevent the Johns' tragedy from occurring again. The hospital must: (I) require that all pediatric patients receive care from registered nurses; (2) require infusion pumps and volume limiting devices for all pediatric patients; (3) hold hospital-wide in-service training for nurses providing IVs; (4) make IV training a part of all future new employee orientation; (5) require changes in pharmacy policy to prevent overdoses; and (6) establish policies on itinerant surgery that will require joint rounds with the surgeon and family physician at each surgery patient's bedside.
"I think it's great," David Johns said about the settlement. "We wanted to make sure this didn't happen to anyone else." Co-counsel, Jack Shears, from Ponca City, Oklahoma, pointed out that the settlement was a victory for the community: 'This is a settlement that everyone benefits from." Jack assisted the trial team in preparing the case by handling the lay witnesses and providing office space and advice on local procedure.
From the beginning the focus of the case was on the prevention of a future disaster. Allegations in the pleadings informed the community that the hospital had failed to investigate the cause of Danielle's death. Physicians and nurses admitted in their depositions that, until the lawsuit was filed, no one at the hospital even thought about fixing the problems.
"It is a fact of life that the only thing a jury can do is award money. This settlement, for a substantial amount of money, along with policy changes that are literally priceless, accomplishes more than taking this case to the jury would have. Everyone in the community is safer after this settlement," Lynn Johnson noted. "This is an example of the civil justice system at its finest!"
