PEDIATRICS Vol. 95 No. 6 June 1995, pp. 900
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$45 MILLION MALPRACTICE VERDICT

J. F. L. MD

... A Fairburn family has been awarded $45 million after their son had to have his hands and legs amputated following an HMO's decision to have him treated at a hospital 42 miles from his home.

On March 26, 1993, Lamona Kaye Adams called the company's emergency line about 3:50 a.m. to report that her 6-month-old son, James, was moaning, panting, limp, and running a 104-degree temperature.

After telling her to place the child in a tepid bath, the emergency line nurse checked with a doctor and directed that the child be taken to Scottish Rite Hospital, north of Atlanta. Kaiser Permanente receives a 15% discount for patients at Scottish Rite.

On the way to Scottish Rite, James' heart stopped. He was revived with CPR at another hospital, but circulation ceased to his extremities and he developed gangrene. A blood infection was later diagnosed.

During a nine-day trial in Fulton State Court, Kaiser's lawyers contended that it would have made no difference if James had been sent to the nearest emergency room.

"Our issue is quality," said the Kaiser Permanente medical director for Georgia. "Quality pediatric care was most available at Scottish Rite."

But the Adamses' lawyer called the case an example of what happens when cost-conscious managed-care providers try to cut corners.