$3.8 Million Settlement for Boy Blinded in One Eye

The parents of a 6 year-old boy who was blinded in one eye after being treated at the University of Chicago Hospital for a recurring bloody nose, settled their case against the Hospital for $3.8 million. The parents alleged, through their attorney, David R. Barry, Jr., partner at the law firm of Corboy & Demetrio, that the University of Chicago Hospital failed to properly perform an embolization procedure on their son, resulting in blindness in his left eye.

In the spring of 2006, the 6 year-old was struck on the nose by a baseball, causing  a bloody nose that bled on and off for the next week necessitating several trips to the emergency room. Ultimately, he went to the University of Chicago Hospital where he was hospitalized. His nose was cauterized and he was discharged.

The next day his nose began to bleed again. His parents brought him back to the University of Chicago where an interventional radiologist proposed an embolization . The purpose of an  embolization is to prevent blood flow by injecting particles into the blood vessels supplying blood to the affected part of a patient’s nose to block off further flow. However, it is imperative that x-rays are taken prior to the procedure to ensure that the patient does not have an anatomic variant wherein the ophthalmic artery, which supplies blood to both eyes, fills exclusively from the external carotid artery. If the variant exists, the blood supply to both of the patient’s eyes could be affected by the procedure.

The radiologist performed the x-ray which plainly showed the variant but when he performed the embolization, he did not take any precautions to prevent the emboli from affecting the right or left eye. As a result, the boy is completely blind in his left eye and has reduced vision in his right eye.

David R. Barry, Jr., attorney for the Delis family, stated:

This was a case of a clear mistake and the University stepped up to accept responsibility. We can't make the boy's sight normal again, but this settlement will put him in the best position to succeed with his impairment as he goes on with his life. He has a wonderful, supportive family and that will be a huge asset.