$________ Defendant fails to diagnose minor hip dysplasia - Permanent disability.

Massachusetts

The minor plaintiff contended that she was born with congenital, bilateral, symmetrical hip dysplasia which went undiagnosed by the defendant pediatrician for two years. The defendant maintained that the plaintiff’s dysplasia developed at an unknown time after birth and that the condition was difficult to diagnose due to the symmetry of the plaintiff’s dysplasia.

The plaintiff suffered from bilateral hip dysplasia which was not diagnosed by the defendant at any of the plaintiff’s numerous pediatric visits in the first two years of her life. The plaintiff was referred to a physical therapist for what the defendant described as poor muscle tone. The plaintiff’s physical therapist diagnosed the plaintiff’s hip dysplasia. As a result of the late diagnosis, the plaintiff required extensive surgeries to partially correct her condition and will suffer permanent disability stemming from the portion of her dysplasia that remained irreparable.

At trial, the plaintiff planned to call an orthopedic surgeon who would state that the plaintiff’s condition should have been discovered earlier. The plaintiff also planned to present a pediatrician who would state that pediatrician’s are charged with looking for abnormal conditions in infants and that lack of cooperation by the patient is not a pretext for failure to diagnose a malady in a child. Additionally, the plaintiff had evidence from a handwriting expert to address irregularities in the defendant’s medical records. The plaintiff’s expert believed that some of the entries in the plaintiff’s records may have been made out of order.

The defendant contended that the bilateral, symmetrical nature of the plaintiff’s hip dysplasia made diagnosis extremely difficult.

The defendant also maintained that the plaintiff was uncooperative on many occasions when the defendant attempted to examine the plaintiff’s hips.

The parties settled the matter prior to trial in the amount of $________.