Attorneys Jules Olsman and Ronda Little of Olsman MacKenzie Peacock & Wallace recently secured a $4.75 million settlement on behalf of an eleven-week-old child who suffered catastrophic injuries due to prolonged medical negligence and unreported abuse. The case highlights a harrowing failure by a trusted medical professional to protect one of the most vulnerable patients: an infant showing clear signs of repeated trauma and neglect.
Over the course of two months, the infant suffered multiple head traumas, retinal hemorrhages, bone fractures, and severe malnourishment while in the care of her biological parents. Both parents—patients of the same family medicine physician responsible for the child’s care—had documented histories of substance abuse and untreated mental illness. Despite glaring red flags, the physician, employed by a federally funded clinic in Saginaw, Michigan, failed to take any steps to protect the child. He did not consult with specialists, order neuroimaging, or report his suspicions to Child Protective Services (CPS).
OMP retained a comprehensive team of experts in family medicine, pediatrics, neurology, neuroradiology, child abuse, brain injury medicine, and neuropsychology. These experts concluded that the infant’s abnormal head growth and failure to thrive should have prompted immediate neuroimaging and further investigation. Had appropriate imaging and follow-up occurred, the injuries—including a catastrophic brain injury—would likely have been discovered in time to remove the child from the abusive home and prevent further harm.
Plaintiff’s medical experts and treating physicians were unified in their conclusion: earlier intervention would have spared the infant the worst of her injuries. Instead, the physician’s neglect allowed the child to remain in an unsafe environment, resulting in lifelong consequences.
The defense denied liability, challenged the timeline of the brain injury, and even attempted to argue the child’s condition stemmed from autism—an assertion OMP’s experts thoroughly discredited.
A key victory in the resolution involved ensuring that the settlement funds were protected for the child’s benefit. In many cases involving the Federal Tort Claims Act (FTCA), the government requires settlement funds to be placed in restrictive reversionary trusts—vehicles that often compromise public benefits and make accessing funds exceedingly difficult for families. OMP successfully negotiated to bypass these constraints. Instead, all funds were secured in a Special Needs Trust, ensuring long-term protection and flexibility for the child’s future care.
This outcome reflects OMP’s steadfast commitment to advocating for vulnerable clients and holding negligent professionals accountable. We are proud to have helped this child and her family obtain justice and critical financial resources for the care she will require for the rest of her life.