Boy Wins $2.4 Million for Delayed Treatment

A 5-year-old boy whose legs and arms were amputated four years ago because of delayed diagnosis of meningitis won a $2.4-million court settlement Friday that could amount to $30 million over his lifetime.

The attorney for Garrett Gorian and his parents, Arthur and Teena Gorian of Los Angeles, said the structured settlement was worked out by San Bernardino Superior Court Judge Joseph Turner.

The $2.4-million annuity will be purchased primarily by Dr. Irving Allen, a substitute pediatrician who could not be reached when the child became gravely ill; St. Bernadine Hospital, where his diagnosis and treatment were delayed; and Dr. Willard Gilbert, the hospital emergency room doctor who correctly diagnosed the meningitis but was accused of delaying antibiotic treatment.

Physicians Telephone Exchange of San Bernardino, which handled the mother’s calls to doctors, also will pay $100,000 of the total settlement, the attorney, Browne Greene, said.

The suit was filed in San Bernardino because the family lived there when the child became ill.

The attorney said the child became ill April 27, 1981, and was taken to Dr. William Wilson for examination. Wilson, who paid a $1-million settlement to the family more than a year ago, failed to diagnose the meningitis and sent the child home, advising that he be given aspirin and cool baths.

When the boy’s condition worsened, his mother attempted futilely to call Allen, who was then covering calls for the original pediatrician, and finally drove him to the St. Bernadine emergency room.

Because of further delays in treatment, the boy contracted gangrene, the attorney said, prompting amputation of both legs eight inches below the hip and both arms 10 inches below the armpits. He has had multiple surgeries and will continue to have five or six operations a year for the next 10 years to reconstruct the stumps of his limbs and affix prosthetic devices.

Greene said the child’s medical expenses already total $550,000 and treatment will continue to cost about $100,000 a year.

Gorian, a food products salesman, and his wife also have a daughter, Mindy, 9.

Despite his handicaps, Greene said that Garrett, who will be 6 on March 6, can walk with artificial arms and legs and is in attending kindergarten.