Dylan Hernandez v. Temp University Hospital, et al.

Philadelphia, Pennsylvania personal injury lawyers represented the Plaintiffs who sued on medical malpractice theories.

Hernandez, an innocent 15-year-old bystander who suffered a gunshot wound to the neck on July 22, 2020. Hernandez was rushed to Episcopal Hospital and intubated. Once stabilized, he was transferred to Temple University Hospital's SICU floor where he was diagnosed with an injury to his left vertebral artery, a broken jaw, and a fracture of his spine at C2.



Two days later, Hernandez was moved to a regular floor and evaluated by a speech therapist using a barium swallow test, which indicated moderate pharyngeal dysphagia, a significant potential for aspiration when eating or drinking. Only two consistencies were tested: liquids and purees, but not solids, thick liquids, or postural and swallowing strategies. Though a clinical observation of Hernandez's attempts to eat was recommended, no one from the medical team observed Hernandez eating before he was discharged with instructions -- drafted by a third-year resident -- that failed to include the critical recommendations from the speech therapist.



Less than 48 hours after discharge, Hernandez aspirated while eating mashed potatoes. He was rushed to the hospital where he suffered a cardiac arrest, resulting in hypoxic respiratory failure and neurologic injury.



""Defense counsel Joe Tucker and Rebecca Waddell are certainly formidable adversaries, backed by two very large law firms. They threw everything they could at us," said Tom Duffy. "But in the end, for Sean and I, this is about Dylan Hernandez, who will be well taken care of for the rest of his life as a result of the jury's decision."

Plaintiffs' verdict for $44,894,877.70.



Prior to trial, the plaintiff's demand was $32,000,000, while the defense offered $500,000.



With delay damages, the full amount will likely end up at just under $52,000,000.