Jul 25, 2008 6:42 pm US/Central
Family Gets Settlement After Daughter's Death
HARVEY, Ill. (CBS) ―
A Chicago area family has been awarded a multi-million dollar judgment -- after suing the south suburban hospital where their daughter died. The girl's parents spoke exclusively to CBS 2's Suzanne Le Mignot.
"We didn't think we'd bring her there with what we thought were flu symptoms, something a little more serious... and then, bring the blanket back home with us," said Eleanor Tomczak, victim's mother.
Eleanor Tomczak describes the day, almost eight years ago now, that her daughter Victoria died at Ingalls Memorial Hospital in Harvey.
"We seen she wasn't breathing, the color was gone. I ran out, I grabbed the doctor," said Michael Tomczak, victim's father.
A jury recently found the hospital and an emergency room doctor negligent in the 41/2-year-old's death. Victoria died from bacterial meningitis. The Tomczaks were awarded $7 million.
"No amount of money is going to bring her back. We're never going to get closure of this," Michael said.
The Tomczaks say on a Monday their daughter wasn't feeling well. Victoria was vomiting and she had a headache. After talking with the child's doctor and seeing that Victoria wasn't getting any better, they brought her to the emergency room two days later. They say an EMT paramedic assessed Victoria's condition when they arrived. But they say, following their lawsuit, they hope that changes.
"Just leave it to the nurses, if they're the only ones that can do the assessments that might catch these signs," Michael said.
In response to that, the hospital's attorney says: "EMT paramedics are properly trained and supervised to assess patients as to who should see the doctor first."
The attorney also says testimony on behalf of Ingalls during the trial showed "The child had a fatal disease when she came in the door and no intervention would have prevented her death."
The hospital's attorney says they also plan to appeal the jury's $7 million award. Meantime, Victoria is survived by three brothers. The Tomczaks say they will use some of that money to pay for the boys' education.
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