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Mosaic settles malpractice suit for $3.85 million

mosaic-life-care-logo-cropMosaic Life Care on Wednesday settled a medical malpractice lawsuit for $3.85 million.

Court pleadings indicated that three-year-old Da-Sean Christophel was born at what was then known as Heartland Regional Medical Center in October of 2013. But the plaintiffs alleged that young Da-Sean was discharged prematurely, despite evidence of a serious condition.

According to court filings, the baby was losing weight three days after his birth, he was jaundiced, and that he had elevated levels of a toxin known as bilirubin, which is normally excreted by the body. Da-Sean returned to the hospital a few days later and was transferred to Mercy Children’s Hospital in St. Louis. According to the lawsuit, the baby suffered permanent, debilitating injuries, and “experienced great physical pain and mental anguish.”

The hospital, and Dr. Joel Karasek, were accused in the lawsuit of failing to notice the symptoms and failing to implement normal policies and procedures, discharging the baby prematurely, and failing to schedule follow-up appointments. According to court pleadings, the baby developed cerebral palsy.

The two sides agreed to a settlement which was approved by Buchanan County Circuit Judge Randall Jackson on Wednesday. The settlement does not include any admission of wrongdoing by the hospital or Dr. Karasek.

The case was settled for $3.85 million dollars. The plaintiff’s lawyers will receive 40% of that (about $1.45 million) plus more than $147,000 in expenses, according to the court filing. The settlement order establishes a trust fund for the baby totaling $1.7 million. The parents, Dawanna Wilkerson and Sean Christophel will receive $450,000.

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