$1,850,000 for the Wrongful Death of a 3-Month Old Due to Medical Malpractice



Medical Malpractice


Rockford, Illinois

Attorneys Timothy M. Whiting and Michael J. Goldberg earned one of the highest medical malpractice recoveries in Winnebago County involving an infant in 2008 for a 3-month-old child who died as a result of medical malpractice.

On August 12, 2003, Dylan Mastroianni was born, but failed to pass meconium until 28 hours after birth. Dylan also experienced vomiting, abdominal distention and was not feeding well after birth. For two weeks after birth, Dylan would not pass stool on his own so he was referred to a pediatric gastroenterologist who considered Hirschsprung’s Disease as one explanation for his motility issues and as a result, performed a rectal suction biopsy.

Two pathologists reviewed the rectal suction biopsy slides and ruled out Hirschsprung’s Disease. Dylan continued to exhibit Hirschsprung-like symptoms (i.e. not passing stool on his own, not feeding well, intermittent vomiting and abdominal distention in the NICU). Despite these ongoing symptoms, the pediatric gastroenterologist ruled out Hirschsprung’s Disease and treated Dylan for motility problems only. On November 18, 2003, Dylan died from Colitis secondary to Hirschsprung’s Disease leaving behind two loving parents and an older brother.

Mr. Whiting and Mr. Goldberg, on behalf of Dylan’s parents, alleged in a complaint filed in Winnebago County that the Defendant pathologists misinterpreted the rectal suction biopsy slides and further alleged that the Defendant pediatric gastroenterologist failed to treat the Hirschsprung’s Disease.

The Defendants argued that the two pathologists interpreted the rectal suction biopsy slides correctly. The Defendants argued that the pediatric gastroenterologist properly relied on the pathologists’ findings, which properly ruled out Hirschsuprung’s Disease.

In the face of a hotly contested medical malpractice case in one of the most doctor-friendly venues in Illinois, Whiting Law Group was able to prove that the Defendants were liable for Dylan’s death. Whiting Law Group hired the top medical experts in the field and through a relentless pursuit of justice, secured one of the highest recoveries in Winnebago County in 2008 for a medical malpractice case involving an infant.

The firm has also won numerous cases that were either settled or tried before a jury and resulted in millions of dollars in recovery for the firm’s clients over the past 15 years.

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