A jury has awarded a $45 million verdict to a teenager who was left with significant brain damage after aspirating food following his discharge from Temple University Hospital for treatment of a gunshot wound to the neck, The Philadelphia Inquirer reported Aug. 7.
Four things to know:
1. Dylan Hernandez, 19, was treated at the Philadelphia-based hospital after he was shot in the neck in 2020. He suffered an injury to his left vertebral artery, a broken jaw, and a fracture of his spine at C2, according to The Duffy Firm, an injury law firm that represented Mr. Hernandez.
2. Attorneys for Temple argued that hospital staff had properly assessed Mr. Hernandez's ability to swallow and that his mother received care instructions when he was discharged. However, less than two days after discharge, Mr. Hernandez breathed in mashed potatoes he was eating, which caused his brain to go without oxygen, according to the report.
3. Temple argued that Mr, Hernandez — who now needs a wheelchair because of his lack of balance — did not follow instructions about what foods were safe to eat. Representatives for Mr. Hernandez argued no one from the medical team observed him eating before he was discharged with instructions that did not include key recommendations from the speech therapist.
4. Temple disagrees with the outcome of the verdict and will ask the court to vacate the verdict, John Ryan, general counsel for Temple Health, said in a statement shared with Becker's. The hospital also voiced its concern about verdicts of this magnitude, which it argues jeopardizes the availability of quality care for patients.
"Our team provided the patient and his mother clear and appropriate care instructions upon discharge, to support a safe and effective healing process," Temple said in a statement. "We contend that he disregarded the care team's instructions on foods that could be safely eaten in his condition. Regrettably, it was that decision that led to his subsequent additional injury several days after discharge."