Mills And Lukas et al v Seattle Children’s Hospital

  • Court: Washington State, Superior Court, King County
  • Case number: 19-2-31648-9
  • Filed: December 02, 2019
  • Judge: Jim E. Rogers
  • Case type:  (30) Medical Malpractice; Civil

Parties Involved

  • Plaintiffs: Wills (PR), Patrick | Wills(EST), Aiden | Shaffer (PR), Sherry | Shaffer (EST), Logan | Stettler, Whitney | Gunnell (PR), Christopher | Gunnell (EST), Ian | Hernandez (PR), Norma | Ventura Hernandez (EST), Anna C | Hutt, Katha (GAL) | Hutt, Micah | White, Coleen | Larose, Whitney | Shaw, Steven (PR) | Faircloth, Lisa (PR) | Hunsucker, Christopher D (EST) | Helms, Lisa (PR) | Niemi, Wynn D (EST) | Schultz, Laurie (PR) | Lanktree, Jennifer Rose (EST) | Single-Schwall, Janet R (PR) | Single-Schwall, Hannah A (EST) | Deshane, Anna (PR) | Vaillancourt, Blake R (EST) | Sahlstrom, Jill (PR) | Sahlstrom Jonathan T (EST) | Baker, Megan | Baker. Shawn | Francis, Alan | Francis Charlotte | P, A | Pentcholov, Stefan | Pentcholov, Ivanka |  Fellows, Marcus (PR) | Fellows, Jordan I (EST) | Noggles, Shannon | Dunlap, Al | D, C | Dunlap, Rachel R | Kaur, Parminder | Singh, Havinder | Rhoden, Tim | Rhoden, Tiffany |  Kerr, Dru | Hailstone, Kyla | Mills, Jennifer | Lukas, jason | Albrecht, John P | Barretto, Celma | Kaplan, Jared | Kaplan, Brianne | Marzolf, Stephanie | Kaplan, Westyn | Lukas Mia | Albrecht, Valentina

Verdict Information

  • Verdict date: February 08, 2024
  • Total damages awarded to Plaintiff: $215,000
    • Westyn Kaplan: $75,000
    • Jared Kaplan: $15,000
    • Brianne Kaplan: $10,000
    • Mia Lukas: $70,000
    • Jennifer Mills: $20,000
    • Jason Lukas: $10,000
    • Valentina Albrecht: $15,000

About the Case

Cause

Seattle Children’s Hospital (SCH) was a leading pediatric medical center in the US which shocked the public in November 2019. It admitted that its location at 4800 Sandpoint Way Northeast, Seattle, Washington, had harbored Aspergillus mold since 2001, leading to illness and deaths among numerous child patients. Aspergillus, a rapidly growing mold fungus, could easily become airborne. Once inhaled, its spores attached to cells. Despite SCH knowing the danger to patients, it did not inform the public or medical community. It was only in 2019 that the hospital acknowledged its air handling systems had caused the deaths of at least seven children.

By 2005, the hospital was aware that Aspergillus could infiltrate its premises via the air-handling system. To contest a lawsuit, the hospital engaged lawyers and experts to refute this assertion. During the legal proceedings, troubling revelations emerged regarding the hospital’s medical malpractice and neglect in maintaining and staffing its air-handling systems. In 2008, the hospital settled the case under confidentiality agreements, yet continued to conceal ongoing Aspergillus contamination.

Jennifer Mills initiated a class action lawsuit on December 2, 2019, in the Superior Court of Washington, King County. The lawsuit accused the defendant of medical malpractice, negligence, and premises liability. It also claimed a lack of informed consent, fraud, negligent misrepresentation, and negligent infliction of emotional distress. The present class action lawsuit represented child patients infected with Aspergillus mold from 2001 onward. As a healthcare provider, the hospital owed a duty to these plaintiffs and all affected patients to uphold the standard of care expected in its profession. This duty encompassed exercising prudent measures to prevent Aspergillus transmission, as mandated by Washington Administrative Code 246-320-296.

Despite knowing since at least 2000 about the risks posed by its poorly maintained air-handling systems, the hospital failed to take adequate precautions, resulting in premises contamination. It was claimed that the hospital was negligent in exposing 80 patients to the risk of Aspergillus mold infections during 2019 surgeries. These children then had to take prophylactic treatments that allegedly had side effects.

Injury

Defendant’s negligence and medical malpractice led to Plaintiffs’ and each Class member’s infection by Aspergillus, along with associated harms such as ongoing treatment and monitoring. This negligence directly caused past and future physical and emotional suffering, as well as pain, loss of life enjoyment, diminished earning potential, disability, and medical expenses.

Plaintiff parents also suffered due to Defendant’s negligence, experiencing loss of consortium and specific damages. Defendant’s actions inflicted emotional distress on patients and their parents, misleading them into believing they were responsible for Aspergillus transmission, despite it being Defendant’s fault.

Defendant’s acts and omissions denied Plaintiffs and Class members the chance to uncover its role in the infections until 2019. Throughout the years, Defendant neglected to maintain a safe environment for its child patients, despite direct challenges between 2005 and 2008 when it contested and privately settled accusations. All former child patients treated in Defendant’s premises from 2001 onward, who subsequently contracted any form of Aspergillus-related illness due to exposure on its premises, suffered personal injury, including death and parental loss of consortium.

Damages

Plaintiffs sought a judgment in their favor and in favor of the Class against Defendant. They requested a declaration that the present medical malpractice lawsuit qualifies as a Class action under CR 23(b)(3). Additionally, they requested a declaration that Defendant violated WAC 246-320. They further requested a declaration that Defendant had negligently introduced Aspergillus mold into what should have been sterile premises, causing injury to Plaintiffs and each Class member.

Plaintiffs also sought injunctive relief barring Defendant from reopening its operating rooms or housing high-risk patients on its premises until it complies fully with applicable WACs and ensures the safety of its high-risk child patients. They requested both special and general damages, the reimbursement of costs and disbursements, and statutory attorney fees.

Plaintiffs additionally sought statutory interest on the judgment and prejudgment interest on both special and liquidated damages. They requested treble damages, attorneys’ fees, and costs under the CPA, along with any other relief deemed just and equitable by the Court.

Jury Verdict

On February 08, 2024, a Washington jury found that Seattle Children’s Hospital had been negligent in exposing Plaintiffs to the risk of Aspergillus which resulted in the plaintiffs being prescribed prophylactic treatment. The jury found that SCH’s negligence had proximately caused harm to Westyn Kaplan, Mia Lukas, and Valentina Albrecht. It awarded a total of $215,000 to the Plaintiffs. The breakdown of the amount is as follows:

  • Westyn Kaplan: $75,000
  • Jared Kaplan: $15,000
  • Brianne Kaplan: $10,000
  • Mia Lukas: $70,000
  • Jennifer Mills: $20,000
  • Jason Lukas: $10,000
  • Valentina Albrecht: $15,000

Court Documents:

Available upon request