On December 24, 2007, Plaintiff, age 2,  was brought to the emergency room for complaints of a fever, lethargy, and limpness.  Plaintiff was diagnosed with a viral upper respiratory infection and discharged from the emergency room to his home.  On December 25, 2007, Plaintiff was brought back to the emergency room wherein he went into respiratory collapse and then died due to an infection in his heart. The defense claimed that the condition that caused the child’s death often mimics the common cold and could not have been diagnosed. They also claimed that the heart infection was not treatable so there was nothing that could have with been done to help the child. Stephen D. Phillips, who handled the case, convinced the defense that he could prove that the child should have been treated more aggressively at the initial emergency room visit. He also retained the Chief of Pediatric Critical Care and Chief of Pediatric Heart Surgery at a Major Medical Institution to support the plaintiffs claim.