Dylan Hernandez, a minor, and Jasmine Hernandez v. Temple University Hospital Inc
Case Background
In October 2021, Dylan Hernandez’s mother, Jasmine Hernandez, filed a medical malpractice complaint in the Pennsylvania Court of Common Pleas, First Judicial District on her son’s behalf, against Temple University Hospital. She claimed that Temple’s negligence and failure to provide adequate directly caused his injuries. [Case number: 211001422]
Cause
On July 22, 2020, a shooter shot 15-year-old Dylan Hernandez in the neck, and medics transported him to Episcopal Hospital. At Episcopal, medical staff intubated and stabilized him before moving him to the Surgical Intensive Care Unit (SICU) at Temple University Hospital. At Temple, doctors diagnosed him with a fractured C2 vertebra, a broken jaw, and an injury to his left vertebral artery.
Two days later, a speech therapist performed a barium swallow test, which indicated moderate pharyngeal dysphagia and a high risk of aspiration when eating or drinking. A physician at Temple University Hospital advised Dylan’s mother to feed him mashed potatoes despite the risk indicated by the barium swallow test.
However, less than two days after discharge, Dylan breathed in the mashed potatoes he was eating, which caused his brain to go without oxygen. He was immediately rushed back to the hospital, where he suffered a cardiac arrest.
Injury
The cardiac arrest resulted in hypoxic respiratory failure and caused permanent neurological damage. Consequently, due to the hospital’s negligence, Dylan now requires 24-hour care and is wheelchair-bound.
Damages
The Plaintiffs sought general damages including past and future medical expenses and special damages including for the loss of ability to enjoy life’s activities. Attorneys Tom Duffy and Sean Dougherty initially asked the hospital to pay $32 million. The defense offered $500,000.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Dylan Hernandez, a minor | Jasmine Hernandez
- Counsel for Plaintiff(s): Tom Duffy | Sean Dougherty
- Defendant(s): Temple University Hospital Inc.
- Counsel for Defendant(s): Rebecca M. Waddell | Joe H. Tucker
Key Arguments or Remarks by Counsel
John Ryan, the General Counsel of Temple Health, stated “Our trauma team provided excellent, life-saving care to this victim of gunshot violence on two separate occasions and our clinicians followed the highest standards of life-saving care and appropriate discharge protocols. Our team provided the patient and his mother clear and appropriate care instructions upon discharge, to support a safe and effective healing process. We contend that he disregarded the care team’s instructions on foods that could be safely eaten in his condition.”
Temple argued that Dylan 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 Dylan Hernandez argued that 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.
Claims
The Plaintiff claimed that the hospital neglected to conduct proper swallowing tests and discharged Dylan with inadequate care instructions. This lapse resulted in severe choking and subsequent brain damage. Furthermore, the complaint asserted that, despite recommending clinical observation of Dylan’s eating, no member of the medical team monitored him before his discharge. Additionally, the discharge instructions, prepared by a third-year resident, allegedly omitted crucial recommendations from the speech therapist.
Defense
The Defendants denied allegations of negligence. They argued comparative negligence and maintained that Dylan Hernandez did not follow the care instructions provided
Jury Verdict
In August 2024, the Philadelphia jury found the hospital liable for failing to properly assess the son’s ability to swallow different food consistencies before discharging him. The jury awarded a $44,894,877 verdict to Dylan Hernandez and his mother. This amount was intended to ensure that Dylan Hernandez would receive lifetime care.
Plaintiff’s attorney Tom Duffy said, “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. 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.”
The General Counsel of Temple Health John Ryan said the hospital “respectfully disagrees” with the verdict. The hospital plans to ask the court to vacate the verdict.
Leave A Comment