A one-year-old child choked on an apple he had previously eaten during an infusion – with excitement. The Limburg Regional Court has now passed its judgment in the case.
After a momentous incident in the hospital, the Limburg regional court awarded a child a total of one million euros in compensation for pain and suffering. The court announced on Monday. According to a civil chamber, it was proven that the then one-year-old boy cried and screamed so much when he was given an antibiotic that he choked on a piece of apple he had previously eaten. As a result, he suffered severe brain damage in the incident in 2011.
“Incorrect” rescue measures
When it came to the amount of compensation for pain and suffering, according to the announcement, the chamber was guided by the fatal consequences: The boy would never lead “an even approximately normal life”. He had demanded compensation for pain and suffering of at least 500,000 euros. According to the court, the hospital in question in the Limburg-Weilburg district, a nurse and an attending doctor were sentenced to pay the sum plus interest.
The case occurred in December 2011. The child came to the clinic because of an infection. The one-year-old should have received the medicine through a vein. The nurse knew that the child had eaten shortly before, the court ruled. She should have expected that the boy would get upset about the medication and would therefore have to wait longer to avoid any possible swallowing of leftover food. The rescue measures then initiated were also “faulty and even harmful in the form carried out”.
Limburg judgment not yet final
The court in Hesse listed the serious consequences for the plaintiff and his family: He could not speak and walk. A normal childhood was largely denied to him. “He is not allowed to play with his parents, siblings or other children, attend a kindergarten or a normal school, or establish regular social relationships with his peers.” He was dependent on outside help around the clock.
The court also ruled that the plaintiff “all future unforeseeable immaterial as well as all past and future material damage that he has suffered or will suffer as a result of incorrect treatment” should be reimbursed. The verdict is not yet legally binding.
