04/12/2001
MACDILL SUED OVER DEATH OF TODDLER THE FAMILY OF A BOY WHO DIED OF MENINGITIS IS SEEKING $5 MILLION FROM THE AIR FORCE BASE FOR A MISSED DIAGNOSIS
(Copyright 2001 by The Orlando Sentinel)
 TAMPA -- Family members who were convinced their 2-year-old boy had meningitis and was told otherwise by a MacDill Air Force Base doctor filed a $5 million wrongful death lawsuit Wednesday.
Donna and Henry Mart are suing MacDill, the U.S. government and base physician Lawrence Hsu.
The doctor diagnosed the boy's illness as a routine virus, prescribed an over-the-counter medicine and sent him home on Sept. 11, 1999. Aaron died later that day, after his symptoms worsened and his family took him to another local hospital. An autopsy determined the cause of death as meningoccal meningitis, a bacterial condition that swells tissue surrounding the brain and spinal cord.
Attorneys said the Marts would use the millions they are seeking to establish a meningitis education foundation.
"I just have to believe something good has to come out of this," Donna Mart said. "People have to know not to be afraid to question a doctor if you think something is wrong."
MacDill spokesman Capt. Darren Berry declined comment on the suit but said "our thoughts and prayers continue for the family." The base is being represented by the U.S. attorney's office in Tampa.
Hsu could not be reached for comment. He has apologized to the family through an attorney, said Roy Oppenheim, the Marts' attorney.
Henry Mart, an Air Force senior master sergeant stationed at MacDill, said he doesn't think the suit will affect his employment there.
Donna Mart said she suspected Aaron had meningitis when she took him to the clinic.
She was especially attuned to the symptoms of meningitis after a friend's son died of the disease in 1997. Donna Mart said she even kept a list of symptoms on her refrigerator.
Court documents say she told doctors at least eight times that Aaron was vomiting, had a fever of 104.8 degrees, was sluggish, and had joint pain, a stiff neck, clammy skin and sensitivity to light -- all warning signs of meningitis.
"This tragic death could have been prevented if the doctor had listened to the boy's mother,' Oppenheim said.
"We don't want to be here. We don't want the ... money. We do want people to know about this disease and its symptoms and that you can do something about it."
Oppenheim said he anticipates the suit will be settled and not go to trial.
The family intends to lobby Congress and state legislatures to increase awareness of the disease's symptoms, Oppenheim said.
Bacterial meningitis affects about 17,500 people each year, according to medical research. About 70 percent of those cases affect children under age 5, and 15 percent of those cases are fatal.
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