Diagnostic Imaging Services, Touro sued for their alleged roles in the death of a minor

NEW ORLEANS – A wrongful death lawsuit has been filed by the parents of a child who suffered a seizure during a routine medical procedure was transported to local hospital where he died.

Henry McGuffey and Ethel Henry filed suit against Diagnostic Imaging Services Inc., Dr. Victor Allen McCoy, Touro Infirmary and Dr. Charlane Liles on Nov. 25, 2013. 

McGuffey and Henry allege that on May 13, 2011, their son visited Diagnostic Imaging Services Inc. (DIS) for a CT myelogram of his cervical and lumbar spine ordered by his primary care physician.

The plaintiffs claim their son had been questioned regarding his current medication and completed his patient history form, but had not been asked if he had a history of seizures.

McCoy performed the myelogram, and the patient suffered a seizure at DIS. He was transported to Touro and suffered multiple seizures, resulting in unresponsiveness, under the care of Dr. Liles.

According to the lawsuit, one day later he was pronounced dead due to the seizure disorder and after an intrathecal injection of Isovue 300M that McCoy allegedly administered during the myelogram.

The plaintiffs accused DIS of failing to adhere to and instruct employees in its policies and procedures. They claim McCoy is liable for failing to properly discover their son’s medical history and that Liles failed to make a correct diagnosis and administer the appropriate medication.

Unspecified damages are sought for emotional pain and suffering and expenses related to death, medical and burial.

McGuffey and Henry are represented by Shirin E. Harrell of Harrell & Nowak of New Orleans.

The case has been assigned to Division J Judge Paula A. Brown.

Case no. 2013-11049.