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The Plaintiff began experiencing neurological symptoms to her face and left side of her body as well as speech impediments. She was taken to the Emergency Room, and without proper testing, was transported by helicopter to a larger hospital. Upon arrival, the Plaintiff presented the same symptoms along with an elevated white blood cell count. She also began having seizures. Several tests were performed, but no test was performed to confirm or rule out Herpes Simplex Virus or HSV. Two days later, a series of spinal taps diagnosed HSV which had not been previously diagnosed, tested, or treated. As a result of not diagnosing or treating HSV in a timely fashion, the Plaintiff suffered permanent and irreversible brain damage.