Parents sue hospital over child's 2004 death

By Elizabeth Young | Feb 25, 2013

NEW ORLEANS –  A Calcasieu Parish couple is suing a New Orleans-based hospital over the death of their son.

NEW ORLEANS –  A Calcasieu Parish couple is suing a New Orleans-based hospital over the death of their son.

Shirley Brown and David Brown Sr. filed suit against Children’s Hospital in the Orleans Parish Civil District Court.

The suit claims that David Brown Jr. died as a result of a virus he contracted while undergoing treatment at the hospital. The child was first admitted to the hospital in 1998, when he was four years old, for treatment of stage IV neuroblastoma with metastasis. David Brown Jr. was in and out of the hospital for years, finally requiring a bone marrow transplant on June 9, 2004.

Due to viruses that he tested positive for, the doctor ordered that precautions such as masks and the use of room filters be taken. Hospital isolation procedures were to be utilized throughout his hospital stay, the suit says. Following the bone marrow transplant, David Brown Jr. was discharged and commuted to the hospital for further treatments. On July 6, 2004 he tested positive for the adenovirus and was placed on medication. Eventually he was transferred to the pediatric intensive care unit, where he died on Sept. 2, 2004.

The defendant is accused of negligence for failing to keep the patient in a sterile environment free form adenovirus, for failing to instruct all hospital and medical staff regarding infection precautions, for failing to change the airflow filters in the pediatric ICU where David Brown Jr. was a patient, and for failing to properly investigate all reports of patients who had contracted the adenovirus.

An unspecified amount of damages is sought for the wrongful death of David Brown Jr., for past, present and future mental pain and suffering, for David Brown Jr.’s medical and funeral expenses, for the pain, suffering and mental anguish of the patient and for loss of enjoyment of life.

The plaintiffs are representing themselves.

The case has been assigned to Division C Judge Sidney H. Cates IV.

Case No. 2012-10793.

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