Our client's child, a 20-month-old boy, was born with a congenital neurological condition. He was brought to a physician after suffering for two days from lack of energy, irritability and vomiting. The physician admitted the baby to the hospital with a diagnosis of gastroenteritis (inflammation of the intestines) with dehydration and an ear infection. During the evening, the baby's condition did not improve. In the morning, the physician correctly changed the diagnosis to increased pressure on the brain. The baby died on the way to a CT scan.

Paul Schweiger contended that the initial diagnosis should have been reconsidered when treatment did not show results. The hospital nurses should have called the physician that evening. And finally, that death may have been prevented if pressure on the brain had been originally diagnosed and treated. This case was settled for $230,000.