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Hospital to appeal negligence ruling

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By TOM BRENNAN

tbrennan@tampatrib.com

Published: October 27, 2009

TAMPA - All Children's Hospital will appeal an $11.1 million negligence verdict over the care of a 3-month-old in its emergency room in 2000.
Jurors deliberated for three days before finding the St. Petersburg hospital partly responsible for the brain injuries suffered by Daniel N. Smith.

"We believe fundamental errors were made which influenced this verdict - errors that can be only corrected by an appellate court," hospital officials said in a statement.

The statement maintains the treatment "was appropriate."

Daniel's mother, Sabrina Smith, sued the hospital and treating physician Diane M. Bourlier. Bourlier settled before the trial; Smith's attorneys said they couldn't discuss the details.
Trial testimony showed Smith took her son to the hospital's emergency center after he had been vomiting and suffering from diarrhea for three days.

He was sent home after more than four hours. Records indicated he was lactose intolerant.

The baby was back in the emergency center less than six hours later. He was extremely dehydrated, suffering seizures and had stopped breathing. Doctors were able to revive Daniel but not before he suffered permanent brain injuries.

In their verdict reached Thursday, jurors allotted negligence between All Children's and Bourlier, finding the hospital 60 percent responsible.

Justin Leto, one of Smith's attorneys, estimated All Children's share could be about $8.7 million.

"Now Daniel Smith can get the care he needs," Leto said Monday.

Reporter Tom Brennan can be reached at (813) 259-7698.

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