Alabama jury awards $21 million to mom who lost infant after missed diagnosis
An Alabama mom won a $21 million verdict against two doctors and a nurse practitioner at Jackson Hospital in Montgomery after her 14-day-old son died in 2015 from an undiagnosed bowel disease.
Lakeisha Oliver gave birth to Jaquarius Smith on Nov. 4, 2015, at Jackson Hospital, according to court documents. The newborn struggled to pass his first bowel movement and showed other signs of Hirschsprung’s Disease, which happens when the nerves in the colon don’t develop properly.
Doctors examined and X-rayed the baby, but still sent him home with no diagnosis but a note that “colonic obstruction should be considered,” according to the complaint. He was not eating well, had a swollen stomach and had abnormal bloodwork at the time he left the hospital.
Oliver said she took him back to the hospital on Nov. 13 and again on Nov. 15 in court documents. On Nov. 15, nurse practitioner Lester Sutton examined and discharged the baby. Dr. Richard Sample signed off on his plan.
Oliver and Smith returned to the hospital the next day and Dr. Steve Avezzano admitted the baby for observation. The baby developed sepsis, which happens when the body develops an extreme reaction to an infection. Shay Samples, the attorney who represented Oliver, said the baby’s organs started failing before doctors called to transfer him to Children’s Hospital in Birmingham.
A helicopter transported Smith to Children’s after staff at Jackson Hospital spent five hours stabilizing the child, Samples said.
“They did emergency surgery and found a gangrenous bowel,” Samples said.
Despite their efforts, Smith died at 14 days old. An autopsy performed after his death revealed a diagnosis of Hirschsprung’s Disease, which affects the colon and is more common in male infants than females. Most babies survive after surgery to remove the affected part of the intestine, according to the Mayo Clinic.
Members of the jury ruled against Avezzano, Sample and Sutton in the decision.