QUADRIPLEGIC SUFFERS POOR NURSING CARE LEAVING HIM BLIND AND BRAIN DAMAGED

Brenda Boze and Anthony Boze individually and as the parents and natural guardians of David Boze, a minor vs. Yamaha Motor Co., Ltd., Yamaha Motor Corporation U.S.A. and Cycle Springs, Inc. Boze v. Universal Pediatric Nursing
13th Circuit, Hillsborough County, Florida

 

David Boze was 16 years old when he and his friends were taking turns riding a Yamaha ATV similar to this one. While riding across a grass field, the right front tire of the ATV struck a log that was hidden by the grass and David Boze was thrown from the ATV. He landed on his neck and was instantly rendered quadriplegic. We filed a lawsuit against Yamaha claiming that the ATV was unsafe and inherently unstable. The case settled prior to trial for $3,757,000.

 

Several years later, while being cared for at home by around the clock private duty nurses, a problem developed with David’s breathing and he was not getting adequate oxygen. The nurse assigned to care for him, however, was poorly trained and she did not know how to properly respond to this serious emergency. The nurse never hooked up the supplemental oxygen canister that was at David’s bedside just for such emergencies, never used the available ambu bag and never called ‘911.’ By the time help finally arrived, David was blue and had lapsed into a coma. It was nearly a month before he emerged from the coma but David was left with permanent brain damage and loss of vision.

 

The nursing company was insured at the time with a $1,000,000 liability policy. The insurer, however, failed to offer the $1,000,000 to settle the case in a timely manner and subsequently agreed to pay $2,500,000 ($1,500,000 over and above the policy limits) to settle the case.