Negligence in Toddlers Death? ~ OPOLAW Injury Blog

Tuesday, December 7, 2010

Negligence in Toddlers Death?

Jolene Cotto is asking a jury this week to find that radiologists, Drs. Jong D. Kwon and Ronald H. Kihm, and Sylvan Radiology Associates of Howard Avenue, who analyzed the X-rays of her 23-month-old daughter, Ashley Cotto, were negligent and award financial damages to the child’s estate. Cotto's attorney, Scott Melton of Pittsburgh, said in his opening statement Monday that Ashley started to cry on Jan. 24, 2006, with a peanut in her mouth and then later started to wheeze, he said. The next day, the child continued to have difficulty breathing and was taken to a doctor, who initially said she might have bronchitis. An X-ray of her chest appeared to be clear, according to the results. Because Ashley continued to have breathing problems, another X-ray was taken on Feb. 24, 2006, Melton said, and again there were no findings. Ashley was repeatedly taken to the doctor's office and the hospital, but despite those visits, her health continued to deteriorate, Melton said. She was taken to the emergency department March 5, 2006, when she had trouble breathing and her lips turned blue. She died the next day. An autopsy was done by Dr. Samuel Land, a forensic pathologist in Allentown, who discovered the peanut in the child's bronchial tube.

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