New trial ordered in boy’s death

LINCOLN — Patti Richardson won’t stop fighting for her dead son just because of a Nebraska Supreme Court ruling.

The court on Friday threw out a $900,000 malpractice award she won from a Douglas County jury last year. The ruling sent the case back for a new trial.

Richardson said she “absolutely” plans to go through with a new trial, no matter how difficult it will be to relive the last three days of her son’s life.

“I’m not giving up on my son,” the Omaha woman said. “I’m angry, I’m hurt. I don’t think it’s fair.”

An attorney for the defendants, Children’s Hospital & Medical Center and Dr. Scott James, welcomed the ruling.

Attorney Patrick Vipond said the decision means the providers will have a chance to present all the evidence about the care they gave Corey Richardson and about whether his death could have been avoided.

“The death of a child is unfortunate and tragic, but in this case, it is one that could not have been prevented by Dr. James or any other medical professional,” Vipond said.

Corey suffered head injuries when his biological father shook him at 8 weeks old. The injuries led to permanent disabilities.

Richardson, 52, cared for Corey from age 9 months on, first as his foster mother and later as his adoptive mother.

Corey was 3 years old when he died Aug. 18, 2005, at Children’s Hospital.

An autopsy showed he died of necrotizing hemorrhagic pancreatitis, an inflammation of the pancreas severe enough to cause bleeding and tissue death.

According to the Supreme Court opinion, the disease is a potential side effect of Corey’s anti-seizure medication.

The opinion said Richardson took Corey to Children’s Hospital two days in a row because he was unable to keep anything down. She worried that he was becoming dehydrated.

Before she made the second trip, Corey’s doctor had recommended intravenous fluids. James ran a series of tests on the boy but said he did not need IV fluids.

The next morning, Richardson woke to find that Corey was not breathing properly. He died soon after being taken back to the hospital.

At trial, medical experts differed about whether IV fluids could have saved Corey.

But Douglas County District Judge James Gleason barred a defense expert from testifying about his conclusion on the cause of death.

Gleason also barred evidence about Corey’s past medical records, which the defense argued could explain why his low body temperature might not have indicated dehydration.

The Supreme Court ruled that the doctor and hospital did not get a fair trial because of the excluded testimony.

The court rejected two other defense arguments — that Richardson’s expert testimony was not sufficient to show malpractice and that her attorney should not have suggested the amount of damages to be awarded.

Contact the writer:

402-473-9583, martha.stoddard@owh.com

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