$12M payout may be appealed after botched surgery and burning of soldier’s child at Army hospital
By: Kyle Rempfer
August 22, 2019
“They don’t face any penalties for filing a frivolous appeal and having months pass where this child can’t get the money for the very specialized care he needs,” Zanowski said.
The boy was undergoing surgery to remove a benign cyst when the medical team's lack of communication led to the use of an electrocautery device in conjunction with high oxygen levels, igniting a fire, court documents show. (Evergreen Personal Injury Counseling)The federal government may appeal a $12.3 million verdict they were ordered to pay to the family of a young boy whose face was severely burned four years ago in a botched surgery at Madigan Army Medical Center on Joint Base Lewis-McChord, Washington.
The government filed a “protective notice of appeal” in the 9th Circuit Court of Appeals on Wednesday, taking issue with the large payout.
The appeal means that the money expected to be awarded to the family for medical costs will be withheld for the time being, said Gemma Zanowski, an attorney at Evergreen Personal Injury Counsel who represents the family of the child.
The boy, identified in court documents as BJP, is the son of an active-duty soldier. In 2015, the boy spent 22 days in an intensive care and burn unit after the botched surgery ignited a fireball that left second- and third-degree burns across his face and neck, according to court records.
BJP must still undergo treatment for the burns, including a reconstructive procedure that would insert a balloon under the skin in order to stretch it slowly over a period of months.
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