A D.C. Child Lost Both Legs to a Missed Strep Infection, and a Jury Returned $3.05 Million

In Washington, D.C., a young child ran a fever of 103 to 104 degrees and developed diarrhea, reddened eyes, white spots on his tongue, and stomach pain. His mother called his pediatrician, Dr. Lynne Schoonover, and reached the George Washington University pediatric practice. She was told to bring the boy in to the clinic. While she was arranging a ride, the child collapsed at home.

An ambulance took him to Children's Hospital, where doctors found an invasive Group A streptococcal infection and toxic shock. Invasive Group A strep can turn life threatening within hours, and the infection had already moved too far. To save his life, surgeons amputated both of his legs below the knee. He was left to grow up using prosthetics for injuries that early, accurate care could have prevented.

The family brought a medical malpractice case. The claim centered on a simple failure: the warning signs described over the phone called for an immediate emergency evaluation, not a routine clinic visit, and both the pediatrician and the practice's nurses missed them. Prompt recognition and treatment would have stopped the infection before it cost the child his legs.

The George Washington University, whose nurses had given the same advice, settled with the family before trial. The case against Dr. Schoonover went to trial in the Superior Court of the District of Columbia, and on November 17, 2005, the jury returned a verdict of $3,050,000.

After the verdict, the trial court found that the university was a joint tortfeasor responsible for the concurrent negligence of its nurses. That finding entitled Dr. Schoonover to a pro rata credit, and the court entered judgment against her for $1,525,000, one half of the jury's award.

Dr. Schoonover appealed, and on appeal the family was represented by Koonz McKenney Johnson & DePaolis. Marc Fiedler, joined on the brief by William Lightfoot, Paulette Chapman, and Kelly Fisher, defended the judgment for the family as appellees. On July 2, 2009, the District of Columbia Court of Appeals affirmed in Schoonover v. Chavous, 974 A.2d 876. The court held that the trial judge had not abused her discretion when she refused to let the doctor voluntarily drop her cross-claim for contribution against the settled hospital, a move that would have shifted the credit calculation. The $1,525,000 judgment against Dr. Schoonover stood.