The agreement, which was reached Monday and still needs final approval by the U.S. Attorney General, would pay $2.2 million in cash to the family of 2-year-old Omar Castaneda Cortez and use $2.4 million to create a trust for the child. The trust would provide Omar $10,547 a month for life for his care.
His parents, Alejandro Castaneda and Alda Cortez, would pay their lawyers out of the settlement, with the fees totaling no more than 25 percent of the $4.6 million total.
The U.S. government, which was named as defendant in the lawsuit because the baby was treated by federal employees, makes no admission of wrongdoing in the settlement. Both sides said they made the agreement to avoid the expense and risk of further litigation.
The parents said in their lawsuit, filed last year in U.S. District Court, that Omar had a normal weight, length and head size at his Oct. 4, 2004, birth.
However, when they took the boy to the Central City Community Health Center in Salt Lake City for a "well child" exam when he was 9 days old, his head circumference had increased from 35 centimeters to 39 centimeters, the suit said. In two other exams, on Oct. 26 and Dec. 7, the size increased to 40.5 centimeters and 45 centimeters, respectively.
Despite the growth the doctor who examined they baby and other medical personnel failed to recognize the significance of Omar's increasing head size as a sign he was suffering from untreated obstructive hydrocephalus.
The condition caused Omar to suffer a brain stem herniation on Dec. 26, 2004, and went into cardiopulmonary arrest, resulting in neurologic damage.
