OMAHA- A jury awarded a record $26.1 million medical malpractice judgment against Children's Hospital & Medical Center for failing to properly treat a child who suffered seizures after a fall at a Sarpy County day care.

After a two-week trial and two days of deliberations, a jury ruled that Children's Hospital and Dr. Heidi Killefer improperly discharged Vivianne T. Marousek after the head trauma that resulted in the then-11-month-old suffering seizures at the hospital.

An earlier emergency room physician had properly treated Vivianne, said Patrick and Joseph Cullan, the Omaha attorneys who represented Vivianne and her parents, Andrea and Jacob Marousek. But when Killefer took over her care in January 2017, she concluded that the child had suffered a one-off seizure that wouldn't persist, Joe Cullan said. She released the child from the hospital.

Within 48 hours of her parents taking her home, the child suffered severe seizures and irreparable brain damage, Cullan said.

"Every expert we had said you never give a child a free pass — you treat the seizures," he said. "Our clients were told, 'Don't worry about it, she'll be OK.' She suffered profound seizures and will never be the same."

Jurors deliberated 10 hours before voting 10-2 to find Children's Hospital and Killefer responsible. While juries in criminal trials must be unanimous, civil juries are allowed to vote 10-2 after eight hours of deliberations.

The jury awarded $21.5 million for ongoing medical care and damages for Vivianne and $4.6 million to her parents. Cullan said the child's need for around-the-clock medical care will require many millions of dollars over her lifetime.

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