thedrifter
05-12-06, 07:28 AM
Military family claims poor care led to infant son's disabilities
Published Friday May 12 2006
By LORI YOUNT
The Beaufort Gazette
By his parents' accounts, Andrew Waters was hearty and active in the womb despite carrying the gene for cystic fibrosis.
"The doctor said he was globally huge," Andrew's father, Jeff Waters, said with a broad smile of pride for his son, who tipped the scales at more than 11 pounds when he was born Aug. 27, 2005.
Now, at 8 months old and finally a healthy 19 pounds after massive weight loss, Andrew is attached to a feeding tube at least 20 hours a day because he can't swallow, and he can't even give his parents a smile or coo to let them know he's content.
Andrew has a severe form of cerebral palsy, and by all prognoses, he'll remain that way the rest of his life, his parents said.
"In his way, it was the time we had with him -- during the pregnancy," mother Jennifer Phillips said, sitting with her husband in their Burton home.
If it weren't for the negligence of a doctor at Naval Hospital Beaufort, where the family receives primary medical care because Waters is a staff sergeant stationed at Parris Island, Andrew would be a relatively healthy, happy child, according to a claim the parents filed against the government in February.
The claim is filed under the Federal Tort Claims Act, which gives the government six months to settle the case before a lawsuit is filed. Their lawyer, Texas-based George Hanko III, had the largest settlement under this act -- $10 million in August 2004.
Hanko said the exact amount they'll sue for hasn't been calculated, but it won't be more than $70 million.
Since the case is under litigation, Naval Hospital Beaufort has no comment, spokeswoman Patricia Binns said.
In November, a Navy family was awarded the largest judgment against the government, $60.9 million, for injuries suffered by their child during his birth at the Naval Hospital in Jacksonville, Fla. In this case, the lawsuit went to trial, and the government is filing appeals.
Phillips started seeing Capt. Clinton Butler at Naval Hospital Beaufort when she found out she was pregnant in late December 2004, according to their claim.
Since both Waters and Phillips are carriers of cystic fibrosis -- Waters' 12-year-old son from a previous marriage also has the disease -- Butler referred them to perinatology specialists in Savannah.
In July, according to the claim, the specialist in Savannah discovered the baby was at risk for rupturing his bowel, a condition associated with babies who have cystic fibrosis. He determined the birth was high risk enough to request Phillips deliver in a hospital capable of pediatric surgery in case the bowel did burst, the claim states.
The Naval hospital staff no longer performs births, so normal deliveries are performed at Beaufort Memorial Hospital, but its staff doesn't have the ability to perform such surgeries.
However, Butler refused to grant the transfer to a more specialized hospital, no matter how much the concerned parents begged and pleaded, Phillips said and the claim states.
"He made me feel like I was an overreacting pregnant woman," she said. "I felt a little intimidated. It didn't seem like there was anything else we can do."
Having grown up in a military family and being an enlisted Marine, Waters admitted he may have not stood up for his family as much because his doctor was also an officer in the Navy.
"You believe in them and you trust them," Waters said of military officers. "What more trust could you have? You've got to trust them."
According to the claim, Butler did finally grant the transfer, but it was too late.
"It seemed like everything was turning out to be the worst-case scenario," Phillips said.
She immediately went to Beaufort Memorial Hospital the night of Aug. 26, more than 38 weeks into her pregnancy, when she noticed Andrew was barely moving inside of her. Medical officials determined he was in fetal distress but didn't deliver him by Caesarean section for nearly four hours as they waited for nurses from the Medical University of South Carolina to arrive and transport Andrew to Charleston, and according to the claim, the delay caused Andrew's severe brain damage.
Life after birth
For weeks after Andrew's birth, the family prepared themselves for his death, as they were told he wasn't expected to live long. When Andrew was disconnected from his respirator, the family was put in a grievance room to basically watch their son die, Waters said. Waters and Phillips said hospice visited them regularly once they took him home.
"My dad wouldn't let Andrew go," Waters said about his son's somber homecoming.
Andrew has had four surgeries since birth. At the beginning of the year, the couple contacted Hanko.
"It could've all been avoided, so easily preventable," Hanko said. "If Andrew just received competent medical care, he would've been normal today."
After Hanko made the comment, Waters stared off into reflection, or possibly out the window to watch Phillips' and his 4-year-old daughter, Allyson, ride her bike with a friend.
"He'd be fighting with his brothers right now," Waters said, wistfully. Phillips also has a 12-year-old son from a previous marriage.
Phillips planned to go back to work but quit her job as an investigator at the Beaufort County Sheriff's Office after Andrew was born. Instead, she plans to take care of him for the rest of her life.
Her days consist of making sure Andrew receives his enzymes and has enough to eat through his feeding tube, working with his physical therapists who come to their house and fighting the insurance company for equipment Andrew needs. He's already outgrown his car seat, and at the developmental level of a 2-month-old, can't support his head enough to sit in a toddler car seat.
Through their claim or lawsuit, the couple said they hope to receive enough money to pay for Andrew's medical needs while he's alive, especially since the family was recently reduced to one income.
Waters said he loves the Marine Corps, but his family comes first, so he's been cutting back hours at work and plans to retire next year after 20 years of service and find other work. And he won't be able to forget the damage he believes was done by the reluctance of a military doctor.
"That is a shame -- because it's your family on the line," Waters said. "Now our son has to live with no quality of life. Seeing that every day really hurts."
Ellie
Published Friday May 12 2006
By LORI YOUNT
The Beaufort Gazette
By his parents' accounts, Andrew Waters was hearty and active in the womb despite carrying the gene for cystic fibrosis.
"The doctor said he was globally huge," Andrew's father, Jeff Waters, said with a broad smile of pride for his son, who tipped the scales at more than 11 pounds when he was born Aug. 27, 2005.
Now, at 8 months old and finally a healthy 19 pounds after massive weight loss, Andrew is attached to a feeding tube at least 20 hours a day because he can't swallow, and he can't even give his parents a smile or coo to let them know he's content.
Andrew has a severe form of cerebral palsy, and by all prognoses, he'll remain that way the rest of his life, his parents said.
"In his way, it was the time we had with him -- during the pregnancy," mother Jennifer Phillips said, sitting with her husband in their Burton home.
If it weren't for the negligence of a doctor at Naval Hospital Beaufort, where the family receives primary medical care because Waters is a staff sergeant stationed at Parris Island, Andrew would be a relatively healthy, happy child, according to a claim the parents filed against the government in February.
The claim is filed under the Federal Tort Claims Act, which gives the government six months to settle the case before a lawsuit is filed. Their lawyer, Texas-based George Hanko III, had the largest settlement under this act -- $10 million in August 2004.
Hanko said the exact amount they'll sue for hasn't been calculated, but it won't be more than $70 million.
Since the case is under litigation, Naval Hospital Beaufort has no comment, spokeswoman Patricia Binns said.
In November, a Navy family was awarded the largest judgment against the government, $60.9 million, for injuries suffered by their child during his birth at the Naval Hospital in Jacksonville, Fla. In this case, the lawsuit went to trial, and the government is filing appeals.
Phillips started seeing Capt. Clinton Butler at Naval Hospital Beaufort when she found out she was pregnant in late December 2004, according to their claim.
Since both Waters and Phillips are carriers of cystic fibrosis -- Waters' 12-year-old son from a previous marriage also has the disease -- Butler referred them to perinatology specialists in Savannah.
In July, according to the claim, the specialist in Savannah discovered the baby was at risk for rupturing his bowel, a condition associated with babies who have cystic fibrosis. He determined the birth was high risk enough to request Phillips deliver in a hospital capable of pediatric surgery in case the bowel did burst, the claim states.
The Naval hospital staff no longer performs births, so normal deliveries are performed at Beaufort Memorial Hospital, but its staff doesn't have the ability to perform such surgeries.
However, Butler refused to grant the transfer to a more specialized hospital, no matter how much the concerned parents begged and pleaded, Phillips said and the claim states.
"He made me feel like I was an overreacting pregnant woman," she said. "I felt a little intimidated. It didn't seem like there was anything else we can do."
Having grown up in a military family and being an enlisted Marine, Waters admitted he may have not stood up for his family as much because his doctor was also an officer in the Navy.
"You believe in them and you trust them," Waters said of military officers. "What more trust could you have? You've got to trust them."
According to the claim, Butler did finally grant the transfer, but it was too late.
"It seemed like everything was turning out to be the worst-case scenario," Phillips said.
She immediately went to Beaufort Memorial Hospital the night of Aug. 26, more than 38 weeks into her pregnancy, when she noticed Andrew was barely moving inside of her. Medical officials determined he was in fetal distress but didn't deliver him by Caesarean section for nearly four hours as they waited for nurses from the Medical University of South Carolina to arrive and transport Andrew to Charleston, and according to the claim, the delay caused Andrew's severe brain damage.
Life after birth
For weeks after Andrew's birth, the family prepared themselves for his death, as they were told he wasn't expected to live long. When Andrew was disconnected from his respirator, the family was put in a grievance room to basically watch their son die, Waters said. Waters and Phillips said hospice visited them regularly once they took him home.
"My dad wouldn't let Andrew go," Waters said about his son's somber homecoming.
Andrew has had four surgeries since birth. At the beginning of the year, the couple contacted Hanko.
"It could've all been avoided, so easily preventable," Hanko said. "If Andrew just received competent medical care, he would've been normal today."
After Hanko made the comment, Waters stared off into reflection, or possibly out the window to watch Phillips' and his 4-year-old daughter, Allyson, ride her bike with a friend.
"He'd be fighting with his brothers right now," Waters said, wistfully. Phillips also has a 12-year-old son from a previous marriage.
Phillips planned to go back to work but quit her job as an investigator at the Beaufort County Sheriff's Office after Andrew was born. Instead, she plans to take care of him for the rest of her life.
Her days consist of making sure Andrew receives his enzymes and has enough to eat through his feeding tube, working with his physical therapists who come to their house and fighting the insurance company for equipment Andrew needs. He's already outgrown his car seat, and at the developmental level of a 2-month-old, can't support his head enough to sit in a toddler car seat.
Through their claim or lawsuit, the couple said they hope to receive enough money to pay for Andrew's medical needs while he's alive, especially since the family was recently reduced to one income.
Waters said he loves the Marine Corps, but his family comes first, so he's been cutting back hours at work and plans to retire next year after 20 years of service and find other work. And he won't be able to forget the damage he believes was done by the reluctance of a military doctor.
"That is a shame -- because it's your family on the line," Waters said. "Now our son has to live with no quality of life. Seeing that every day really hurts."
Ellie