Legal Question in Personal Injury in Tennessee

Manufacturing Error Settlement

During my daughter's stay in the NiCU after birth, she was intubated with tubing that had a manufacturing defect. A piece of the defective tubing broke off in her windpipe and settled at the branch of her lungs. She already suffered from lung problems due to low birthweight so the outlook for the impending procedures was not hopeful. She weighed about two pounds at the time and would have most likely not survived. The day before the scheduled procedure, a nurse practitioner managed to remove the tube. The hospital's risk manager contacted the manufacturer and arranged to have them pay us ''related expenses'' that were incurred because of their error. The hospital has figured less than $2000 for the total�probably what the hospital assumes we will pay out of pocket for the chest x-rays and removal. My question is whether we are entitled to any personal claims because of the incident. My daughter would have died if the practitioner had not decided to ''try'' a technique that ended up working. A man from the manufacturing company called me and admitted it was an employee's error and that several lot numbers had been affected. He also mentioned that another incident had been reported but the tube was caught before it was used.

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