The University of Arkansas hospital and doctors were determined by the commission to be responsible for the injuries and “fraudulently concealed” the fact of the wrong-site surgery from the parents for 18 months. According to news reports on the award, the surgery was undertaken to control repeated seizures, but several hours into the surgery, the surgeon realized that he had cut into the wrong side of the brain. He finished the surgery on the correct side. The parents were unaware of the error until a follow up exam by a different physician 18 months later.
The commission award would cover two years of care expenses following the 2004 surgery. The award is in the form of a recommendation to the State Legislature, which could reverse, decrease, or increase the award. The UAMS has not indicated whether it will appeal the award. Prior to the award, a jury verdict was entered against the Children’s Hospital for $20 million and was later reduced to $11 million. The physician reportedly settled with the family for $1 million.