Wrongful death of my infant son

[sistavan]

What is the name of your state? MA

My son was born 3 months prematurely in a teaching hospital in Boston. He was doing well for the first week of his life (e.g. taken off of ventilator support and was only receiving supplemental oxygen), but at that time he contracted a MRSA (methicillin resistant staphlococcus aureus) blood infection while in the NICU. He became critically ill and was placed in an isolation room to prevent the infection from spreading to other babies. During his treatment for the infection he developed severe edema (swelling) which caused the blood pressure cuff to inaccurately report his blood pressure as higher than it was. He started going into cardiac arrest, and the doctors finally recognized that his blood pressure was dangerously low, so they placed an arterial line to accurately measure the BP. Once they did this they were able to give him medication to bring the BP up and keep him from dying. He did eventually (after 2+ weeks) fight off the infection, but we learned that the infection and the period of time his BP was so dangerously low had caused profound brain damage which would affect all areas of his functioning (basically blindness, severe cerebral palsy and a high degree of mental retardation). We were strongly encouraged to take him off of life support throughout this ordeal and finally did do so after learning of his severe brain and lung damage.

I am wondering if there is a possible suit for wrongful death, because (a) the infection was contracted while in the NICU, when it was known that he was at a high risk for infection already because he had open lines into his bloodstream, and (b) my son had a history of low BP yet the doctors continued to monitor his BP with a cuff when he clearly had severe edema and edema is a known cause for BP's to be inaccurately reported. Both of these factors are responsible for the brain damage and lung damage which are the reasons for his death.

I hope this is clearly understandable, please let me know if there are further questions.

Thanks!

[ellencee]

Originally Posted by sistavan

What is the name of your state? MA

My son was born 3 months prematurely in a teaching hospital in Boston. He was doing well for the first week of his life (e.g. taken off of ventilator support and was only receiving supplemental oxygen), but at that time he contracted a MRSA (methicillin resistant staphlococcus aureus) blood infection while in the NICU. He became critically ill and was placed in an isolation room to prevent the infection from spreading to other babies. During his treatment for the infection he developed severe edema (swelling) which caused the blood pressure cuff to inaccurately report his blood pressure as higher than it was. He started going into cardiac arrest, and the doctors finally recognized that his blood pressure was dangerously low, so they placed an arterial line to accurately measure the BP. Once they did this they were able to give him medication to bring the BP up and keep him from dying. He did eventually (after 2+ weeks) fight off the infection, but we learned that the infection and the period of time his BP was so dangerously low had caused profound brain damage which would affect all areas of his functioning (basically blindness, severe cerebral palsy and a high degree of mental retardation). We were strongly encouraged to take him off of life support throughout this ordeal and finally did do so after learning of his severe brain and lung damage.

I am wondering if there is a possible suit for wrongful death, because (a) the infection was contracted while in the NICU, when it was known that he was at a high risk for infection already because he had open lines into his bloodstream, and (b) my son had a history of low BP yet the doctors continued to monitor his BP with a cuff when he clearly had severe edema and edema is a known cause for BP's to be inaccurately reported. Both of these factors are responsible for the brain damage and lung damage which are the reasons for his death.

I hope this is clearly understandable, please let me know if there are further questions.

Thanks!

Allowing for this infant to be of 26 weeks gestation, the resiliancy of this infant presents very low. That translates to very low odds of the infant's survival or survival without significant impairments.

The MRSA infection is most likely not a result of negligence but is one of many types of infections for which premature infants are at risk.

Idicators of cardiac output are monitored and/or visably observed in more ways than measurment of the BP. I have to assume these indicators led the investigation of cause(s), which resulted in finding the inaccurate peripheral BP measurement.

Failing to recognize edema and to adjust the plan of care accordingly is negligent and possibly did result in some damage to the infant; however, a very blurred line divides physical impairments due to known risk(s) and damages resulting from unrecognized edema. The defense would be able to classify every impairment as known sequelae of such a premature birth.

Consult with a medmal attorney. The consultation is usually free (find one that is) and the knowledge gained will be of benefit.

Best wishes,
EC