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Ramirez v. Little3/1/2005
Plaintiffs appeal from the trial court's decision to grant defendant's motion for a directed verdict and its denial of plaintiffs' motion for a new trial.
Brian Navarro Perez ("Brian") was born on 29 December 1999 to plaintiffs Demetrio Navarro Ramirez ("Demetrio") and Maria Navarro Ramirez ("Maria"). During the early afternoon of 24 February 2000, Brian became ill and stopped eating and drinking. He also hadsymptoms of nausea and diarrhea. Plaintiffs took Brian to Randleman Medical Clinic. Dr. Stuart Kossover examined Brian and concluded that he was suffering from a viral condition. Dr. Kossover told plaintiffs that this was nothing serious, and he prescribed Amoxycillin, an antibiotic.
Dr. Kossover told plaintiffs how to administer the drug, and they gave Brian a second dose at approximately 9:30 p.m. Brian's condition did not improve, and he vomited at least eight times during the night.
At about 5:00 a.m., Demetrio checked on his son and noticed that he was running a temperature. He took Brian back to the medical center at 8:30 a.m. Demetrio waited outside until the clinic opened at 9:00 a.m. At about 10:00 a.m., a nurse escorted Demetrio and Brian to an examination room.
Defendant Dr. James C. Little examined Brian's ears, nose, throat, and eyes and determined that Brian was "fine." Defendant then left the room and instructed a nurse to administer an injection of Rocephin. Following defendant's instructions, the nurse gave the injection and told Demetrio, in Spanish, that Brian had a minor stomach infection.
When the nurse injected the Rocephin, Brian began to convulse involuntarily. Demetrio asked the nurse what was wrong, and the nurse responded that this was a natural reaction to the medication. She also told Demetrio to purchase some Pedialyte for Brian's dehydration. Brian's convulsions never stopped after he received the injection. While Demetrio was paying the bill, Brian appeared to be turning gray. Demetrio found a nurse and begged her for help. The nurse explained that nothing was wrong and that Demetrio should call back after taking Brian home.
On the way home, Demetrio purchased some Pedialyte. The family arrived at home approximately 15-20 minutes after leaving the medical center. Demetrio noticed that Brian's lips changed to a blackish color. Shortly thereafter, Demetrio received a phone call from a nurse at the medical center. Demetrio told the nurse that Brian looked terrible, was having trouble breathing, and was dying. The nurse told Demetrio that the baby was having a normal reaction to the medicine. She also suggested giving the baby some Tylenol.
While the nurse was still on the phone, Demetrio tried to give Brian the medicine the nurse recommended. However, Brian's mouth was clenched shut. Demetrio tried to open Brian's mouth, but he was unable to do so. In desperation, Demetrio held the phone to Brian's mouth to prove to the nurse that Brian was having difficulty breathing. Demetrio demanded to know what injection Brian received. The nurse refused to answer the question, but told Demetrio to return to the hospital immediately with Brian.
Demetrio, Maria, and Brian returned to the hospital. When they arrived, the nurse and defendant were in the doorway waiting for them. Defendant took Brian into an examination room and noticed greenish brown fluid coming from the baby's mouth and nose. Brian was barely breathing and had no heart tones. A nurse tried to force the parents out of the room, but Demetrio refused to leave. Defendant began performing mouth-to-mouth resuscitation, but was unsuccessful.
An ambulance came from Randolph County Emergency Medical Services.
Page 1 2 3 North Carolina Personal Injury Attorneys
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