Jacob Sweet was born at PROVIDENCE HOSPITAL in Anchorage on January 16, 1986. He was a healthy and normal baby boy. On January 17, 1986, Jacob was circumcised by JAMES NESBITT, M.D., of THE CHILDREN'S CLINIC. On Saturday, January 25, Jacob's parents, Gary and Beverly Sweet, brought Jacob back to the emergency room at PROVIDENCE because he was vomiting and was fussy and the circumcision side was red and swollen. They were met by DANIEL TULIP, M.D., also of THE CHILDREN'S CLINIC. DR. TULIP admitted Jacob to the hospital. Late in the evening of January 26, Jacob suffered a prolonged seizure or "crash" and was transferred to the hospital's neonatal intensive care unit at 2:15 a.m. on Monday, January 27.

Today, Jacob is nine years old and is severely brain damaged. He cannot walk, talk or care for himself in any respect.

SIGNIFICANT AND IMPORTANT PORTIONS OF JACOB'S PROVIDENCE HOSPITAL MEDICAL RECORDS FOR THE 26-HOUR PERIOD FROM THE TIME HE WAS ADMITTED UNTIL THE "CRASH" ARE MISSING.

The attorneys for the Sweets, listed below, believe that there are persons with knowledge of how records may have become "lost" and would like to speak to anyone with any knowledge regarding Jacob or his "lost" records...

We understand that you may feel pressured not to come forward. All we ask is your complete honesty and your assistance in a matter of extreme importance, not only for Jacob and his family, but also for the medical care of future patients... Payment of all or a portion of the reward is in the good faith discretion of Jacob's attorneys who assure you that you will be treated fairly.

Richard H. Friedman
Friedman, Rubin & White
1227 West Ninth Ave., Suite 201
Anchorage, AK 99501
907-258-0704

Mark Alan Johnson
Law Office of Mark Alan Johnson
701 Fifth Ave., Suite 68501
Seattle, WA 98104
1-800-247-2157     

from http://www.sexuallymutilatedchild.org/$10000.htm

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Company Press Release                           SOURCE: Johnson Flora

Johnson Flora: Alaska Law Firm Settles Lawsuit With Family of Brain-Damaged Boy

Betrayed by Doctors and Lawyers in Alaska, Sweets Find Justice Through Seattle Malpractice Attorney

SEATTLE, March 8 /PRNewswire/ -- Johnson Flora today issued the following statement:

When Jacob Sweet was born at Providence Hospital in Anchorage, Alaska in January 1986, it was a dream come true for his parents, Beverly and Gary. But their dream took a nightmarish turn only nine days later when they took their son back to the hospital for treatment of an infected circumcision and the hospital returned a severely brain-damaged and blind child. The nightmare continued for 13 years and included "lost" medical records and an Alaska lawyer who claimed to be an experienced medical malpractice attorney, but who had never tried a malpractice case. This is the story behind a major legal malpractice settlement announced today between a Bothell, Wash., family and the Alaska law firm that handled the Sweet's medical malpractice lawsuit against Providence Hospital of Anchorage and the pediatrician who treated Jacob for the infection.

The settlement ends a 13-year battle for the Sweets who were forced to fight for their son in the court system on two occasions. First, they sought justice from the hospital and doctor who allegedly caused Jacob's injuries, and who then "lost" the medical records critical to proving Jacob's case. Then, after Alaska lawyer Alan Sherry mishandled the Sweets' medical malpractice case, they were forced to once again resort to the courts to get justice for Jacob.

Seattle attorney Mark Johnson represented the Sweets in the legal malpractice suit, arguing the Sweet's first attorney misrepresented himself as a seasoned malpractice lawyer and then failed to properly try the Sweets' medical negligence case. The Sweets had hired Sherry to sue Providence Hospital of Anchorage for negligent care of Jacob during his hospital stay.

The amount awarded to the Sweets is confidential as part of the settlement agreement.

"This has been tragedy at every turn for this family," Johnson said. "First the healthcare system devastated their child. Then, when the Sweets most needed an aggressive, experienced and competent lawyer, an attorney with no malpractice experience misled them and failed to properly try the case. That cost them their opportunity to recover damages from the hospital and the pediatrician," he added.

The Underlying Medical Malpractice Case

The Sweet's tragedy started on January 25, 1986, in Anchorage, Alaska, when they brought their nine-day-old son Jacob back to Providence Hospital after he exhibited signs of an infected circumcision. Jacob was admitted to the pediatric ward and displayed seizure activity for 24 hours, but their pediatrician, Dr. Daniel Tulip, was absent most of the time and failed to refer Jacob to a neonatologist until after Jacob had suffered the brain damage that would leave him physically devastated, developmentally delayed, and utterly dependent for the rest of his life.

Injustice Served Twice

The Sweet's calamity compounded when the Alaska law firm they hired to try their medical malpractice suit improperly handled the case. According to Johnson, the lawsuit hinged on the fact that Jacob's medical records disappeared shortly after this tragic episode in the hospital, suggesting that someone was trying to cover up a negligent act. Sweet's first legal team failed to present this evidence properly, although they had key witnesses prepared to present the opinion that the records must have been intentionally destroyed, claims Johnson. The Sweets lost the suit, and with it all hope of recovering damages from the hospital that would cover the costs of lifelong care for Jacob's severe injuries.

Racked with guilt and with mounting medical bills, the Sweets hired Mark Johnson to represent them in an action for legal negligence, because of his dual experience in medical and legal malpractice cases.

"To me the Sweets are heroic figures," Johnson said. "In order to right a terrible wrong -- the catastrophic injury to their son -- they confronted two of society's most powerful institutions: the medical system and the legal system. They fought for 13 years until they prevailed."

Legal malpractice cases are difficult to prove, because the plaintiff must not only prove the defendant attorney was negligent, but that the client would have won the case if the attorney had acted differently, according to the International Association of Defense Counsel.

"This brings some peace-of-mind to our lives, although we are still convinced that Jacob's doctor and the hospital have never told the truth," said Beverly Sweet. "At least now we can provide for Jacob's medical care and future."

Mark Johnson is the co-owner of Johnson Flora, a legal and medical malpractice firm in Seattle. Johnson has significant experience in representing children and families who have been harmed as a result of preventable birth and neonatal injuries and is listed in the book "The Best Lawyers In America" for his work in legal malpractice law.

CONTACT: Rhenda Meiser of Firmani & Associates, 206-443-9357 or 206-443-7546, for Johnson Flora.

SOURCE: Johnson Flora           http://www.sexuallymutilatedchild.org/sweet2.htm