Winnipeg newborn suffered permanent brain damage from negligent hospital care, lawsuit alleges

Posted on September 24, 2024 by Peggy

A Winnipeg couple are suing a local hospital, more than a dozen health-care workers and Canadian Blood Services, alleging their son was left with permanent brain damage due to negligent treatment he received shortly after his birth.

The parents say their son, who was born at St. Boniface Hospital on Jan. 17, 2020, has been permanently impaired both mentally and physically due to negligent medical care he received following his birth.

The statement of claim, filed with Manitoba Court of King’s Bench on Sept. 17, names as defendants St. Boniface Hospital and several doctors and nurses who worked there, and at Health Sciences Centre, in 2020.

The parents say their son was found to have suffered permanent brain damage, which they allege was caused by hospital staff, some time after he was discharged from St. Boniface Hospital on Jan. 25, 2020.

The lawsuit says during the mother’s pregnancy, Rh incompatibility was discovered, which can cause a mother’s blood to develop antibodies that attack her fetus and can lead to serious problems for newborns such as anemia or jaundice.

According to the lawsuit, the infant was assessed by two of the defendants after his birth, and a sample of his cord blood was sent for testing. The testing indicated he was at risk for developing a late anemia, and should be monitored for jaundice, the statement of claim says.

A few hours later, the baby was sent to the neonatal intensive care unit at Health Sciences Centre, where he received intravenous antibodies, as well as blood transfusions requested and provided by Canadian Blood Services, the suit says.

Lifelong impacts: suit

The parents allege health-care workers failed to provide proper treatment to their son by not detecting the existence of, or possible injury from, several blood disorders, including hyperbilirubinemia encephalopathy — a rare neurological condition in newborns with severe jaundice that can cause brain damage.

They claim the failure of health-care workers to properly diagnose and treat their son’s condition created or increased his risk of permanent brain damage.

They also allege Canadian Blood Services staff gave and/or permitted “improper, inadequate, incomplete and/or untimely testing,” and failed to give proper and timely blood products for their son’s transfusions when they were ordered by doctors.

None of the allegations have been tested in court. A statement of defence has not yet been filed.

The parents say their son will be confined to his home, in hospitals and other institutions for the rest of his life.

“His ability to learn, work and earn income has been and will be impaired,” the suit says. “He has lost and will lose the ability to lead an independent life or otherwise provide for his own needs.”

The parents also allege that their ability to work has been, and will be, negatively impacted by their son’s condition.

They claim they have suffered “nervous shock and will sustain the loss of care, companionship, and guidance that they would reasonably have expected to receive from [their son], if not for his condition.”

The parents say each of the defendants breached the duty of care owed to the couple and their son, and are seeking $30 million in damages — $25 million for their son and $2.5 million for each parent.

CBC News reached out to St. Boniface Hospital, the Winnipeg Regional Health Authority, Shared Health and Canadian Blood Services for comment. All declined as the matter is before the courts.