$20 Million Settlement After NICU Feeding-Tube Error Left Premature Infant With Cerebral Palsy

Sophia was born five weeks early in January 2013, and by initial assessments she was doing well. Four days into her stay in the neonatal intensive care unit, her mother Connie arrived to find her pale and unresponsive, her diaper soaked as though water had been poured through it. The feeding bag attached to Sophia's tube had malfunctioned.

Investigation revealed the feeding machine had not been properly calibrated or secured by the nursing staff. As a result, Sophia received a massive, uncontrolled delivery of nutrients. The glucose overload shifted the electrolyte balance in her blood to the point that oxygen could no longer reach her brain. The damage was permanent.

Three years later, Sophia had cerebral palsy. She struggled to walk and could not speak normally. She would require around-the-clock care for the rest of her life. Her mother left her job to become Sophia's full-time caregiver and began pursuing nursing training so she could better understand and manage her daughter's medical needs.

Mike Bomberger of Estey and Bomberger LLP in San Diego took the case and spent more than three years building it. The hospital denied liability and the matter moved toward trial before a California jury. Faced with that prospect, the hospital agreed to settle.

The confidential settlement totaled $20 million. The hospital's identity was not disclosed as a condition of the agreement. At the time of the settlement, finalized in April 2016, it was reported as the largest medical malpractice settlement in California history. The full settlement amount is supervised by the court.

Connie said the error 'was human error regarding the feeding tube' and called for hospitals to require double-checking and documentation any time critical procedures like tube setup are performed in a NICU. No amount of compensation reverses the injury, but the settlement funds lifetime care for Sophia.