The parents of a premature baby say a hospital worker caused a spinal cord injury that proved fatal to the newborn have filed an amended complaint that alleges a pattern of “callous and potentially racist behavior” by hospital staff in the final moments of the infant’s life.
Gianna Lopera and Jahmiah Peets filed their original complaint October 17 in Orange County Circuit Court against Orlando Health Inc. doing business as Winnie Palmer Hospital for Women & Babies. They recently filed the amended complaint.
Nicole Kruegel of Rafferty Domnick Cunningham & Yaffa in Palm Beach Gardens is representing the family.
“Our firm remains committed to ensuring there is accountability for the terrible and preventable suffering that Jahxy Peets and her family have endured,” Kruegel told The Florida Record. “We will not rest until Jahxy’s family knows how and why she was taken from them far too soon.”
According to the complaint, Jahxy Peets was born via a STAT C-section on June 12, 2022, at 24 weeks. She was intubated and admitted to the neonatal intensive care unit upon birth. There was no evidence of any birth-related trauma.
On June 27, 2022, neurosurgery was consulted due to a concern for abnormal tone of her upper extremities. The complaint says an abnormal sensory-motor exam was noted from C-4 to T-10 with significant cervical edema suggestive of a central cord injury.
Two days later, an MRI of her cervical spine showed cord signal abnormality, enlargement and presumed hemorrhage involving portions of the cervical and thoracic cord.
“To put it simply, Jahxy Peet’s neck had been broken,” the complaint states. “This type of spinal cord injury could not occur without the use of excessive force when handling a newborn.”
The complaint says there is no note in the medical record documenting such an event nor any investigation being performed to identify the individual who caused the injury. It also says there is no evidence police were notified that a worker had broken the newborn’s neck and “then put her back in the incubator without notifying anyone.”
The complaint suggests the event was either not recognized or was not reported, adding that it appears from records that an attempt to cover up the cause of the injury was made “as there is no mention of a precipitating event in the medical record.”
The parents also say they were not timely informed of anyone that their daughter’s injury was caused by trauma or that their daughter had suffered a “debilitating injury that could have been prevented with due care.”
Jahxy’s injuries led to paralysis and an inability to breathe on her own. She died November 25, 2022, at 165 days old.
The parents accuse Orlando Health of medical malpractice wrongful death. They seek compensatory damages for medical expenses, funeral expenses and for the loss of net accumulations of the estate that would have been left had she survived and lived her normal life expectancy. They also seek damages for their mental pain and suffering as well as loss of consortium.
In a statement, a hospital spokesperson said it “will not address specific medical cases publicly but will share that the delivery of care to extremely premature babies is complex and emotional work for parents, doctors, and nurses. …
“We offer our deepest sympathies to this family, and to any family who suffers the loss of a child, but also believe those who provide care in this environment should be judged on facts, not speculation. We look forward to discussing the facts of this case in the appropriate forum.”
In the amended complaint, the parents allege the baby’s life support was removed prematurely, they weren’t given time to grieve properly, hospital staff made racially insensitive remarks and someone filmed the baby’s death.
They say they wanted the infant to remain on life support until she passed naturally, but they say hospital staff allegedly turned off her breathing machine while she still was alive, leading the family to believe it was done “simply to clear the room for another patient,” according to the law firm.
“Immediately after Jahxy’s death, the hospital allegedly forced the grieving family out of the room with no time to process or say a proper goodbye,” the firm also states.
Her parents also say that when Jahxy appeared dirty, they questioned hospital staff, who then implied they couldn’t distinguish between dirt and their child's natural complexion.
“A woman in palliative care was allegedly caught filming Jahxy’s passing,” the firm states. “When confronted, she sheepishly apologized.”
Orange County Circuit Court case number 208976925