Levin & Perconti secured a $4 million settlement for the family of a 21-year-old college student who suffered permanent brain damage after doctors at the University of Chicago Medical Center failed to promptly treat a malfunctioning brain shunt. Despite identifying dangerously elevated pressure inside her skull, medical staff delayed surgery until the patient suffered a brainstem herniation that left her in a coma. Founder John J. Perconti represented the family.
What Happened
On November 11, 2007, Dominique Salter arrived at the University of Chicago Medical Center’s emergency department complaining of a severe headache. She was given pain medication and discharged, but returned later that day when her symptoms persisted.
Dominique had a history of hydrocephalus, a condition in which excess cerebrospinal fluid accumulates in the brain. As an infant, she had undergone surgery to implant a shunt that drained the fluid into her abdomen. The shunt required periodic replacement as she grew older.
Given her medical history and symptoms, doctors suspected that the shunt was malfunctioning. A lumbar puncture revealed that the pressure inside her skull was approximately five times the normal level.
Neurosurgical residents recognized the malfunctioning shunt but failed to appreciate how urgently it needed to be replaced.
Rather than performing immediate surgery, the medical team scheduled the procedure for several days later. Dominique remained in the emergency department while awaiting treatment, despite the dangerous buildup of pressure inside her brain.
On November 15, before the scheduled surgery could take place, Dominique suffered a brainstem herniation. This life-threatening complication occurs when excessive pressure forces brain tissue out of its normal position, potentially damaging areas responsible for essential functions such as breathing and consciousness.
The herniation caused severe and permanent brain damage, leaving Dominique in a coma.
She never regained consciousness and died approximately one year later, at just 22 years old.
“She needed to have it replaced and repaired and for whatever reason, they thought they could wait to have this procedure performed.”
What Levin & Perconti Argued
Levin & Perconti argued that Dominique’s death was preventable and resulted from the hospital’s failure to recognize the urgent need to treat her dangerously elevated intracranial pressure.
The firm maintained that doctors had sufficient information to recognize the seriousness of her condition. Dominique had a history of shunt malfunctions, was experiencing severe headaches, and had undergone testing that confirmed extremely high pressure inside her skull.
Despite these warning signs, the medical team continued treating her symptoms with pain medication rather than promptly addressing the underlying problem.
Levin & Perconti also identified failures in communication between the physicians monitoring Dominique and the surgeon responsible for replacing her shunt. These failures contributed to the delay in providing the treatment she needed.
John J. Perconti discussed the decision to postpone surgery with the Chicago Daily Law Bulletin:
Levin & Perconti maintained that the prolonged delay allowed the pressure inside Dominique’s skull to reach a critical level, resulting in the brainstem herniation and irreversible neurological damage.
$4 Million Settlement
Levin & Perconti secured a $4 million settlement for Dominique’s family, which was approved by Cook County Circuit Judge Kathy M. Flanagan.
Dominique had been studying criminal justice in college before her hospitalization. Her family lost a daughter and sister whose life was cut short following a medical emergency that would have been treated successfully with timely intervention.
Request Your Free Medical Malpractice Case Review
Did a doctor, nurse, hospital, or other healthcare provider’s mistake cause harm to you or someone you love? Reach out through our online contact form or call us at 312-467-7409 to schedule a free consultation with no obligation. We’ll look closely at what happened, assess whether you have a viable claim, walk you through your rights, and help you and your family decide on the right next step.
Media Coverage
Chicago Daily Law Bulletin, May 2, 2013: $4M Settles Family, Med Center Suit
