Florida Lawsuit Over Misdiagnosis of a Newborn Results in $4.3M Verdict

A Florida jury has awarded $4.3 million to a family after the medical misdiagnosis of a newborn with enterovirus led to the child having lifelong disabilities.

The Florida malpractice lawsuit was brought by the parents of Haylee Kroll, against four doctors at Coral Springs Medical Center, alleging that the doctors misdiagnosed signs of a liver virus as normal bruising resulting from birth. The virus left Kroll, born in 1994, with permanent vision problems, learning disabilities and cirrhosis of the liver.

The Broward Circuit Court jury found two of the doctors named in the misdiagnosis lawsuit, Sedigheh Zolfaghari and Jose Colindres, to be liable for Kroll’s injuries. Two others, Greg Melnick and Manuel Ortega, were found to be not liable.

According to a report in the South Florida Sun Sentinel, the parents alleged that they noticed large bruises on Haylee’s body when she was first born. The doctors told them that they were of no concern and would fade. However, the infant then showed signs of jaundice, liver scarring and a blood clot in the brain, and doctors told the parents that the child may have a fatal condition.

The lawsuit claimed that the newborn was showing recognizable signs of enterovirus, a mild illness that is more dangerous to infants and newborns due to their lack of a developed immune system. The doctors did not take blood or liver tests which would have revealed the virus’ presence.

The lawsuit took 13 years to come to conclusion due to scheduling delays and a mistrial declared in 2007. Kroll is now in the 10th grade.