Seattle Children's to pay $215k to patients exposed to mold in operating room
Jury reaches verdict in Seattle Children's mold class action lawsuit
Seattle Children's Hospital must pay $215,000 to families of patients who were exposed to Aspergillus mold in the hospital's operating rooms. Seven children died from exposure and over a dozen were sickened.
SEATTLE - Seattle Children's Hospital must pay $215,000 to three families of patients who were exposed to Aspergillus mold in the hospital's operating rooms. Seven children have died from exposure and over a dozen were sickened.
Aspergillus is a common mold that most people regularly breathe without getting sick, but hospital patients, especially patients with lung disease or weakened immune systems — particularly organ- or stem-cell transplant patients — are at higher risk of developing Aspergillosis.
Since 2001, seven patients have died and 14 patients have had Aspergillus infections. In the fall of 2019, Children’s Chief Executive Jeff Sperring said they only recently connected the issues dating back two decades to problems with the air-filtration system serving its operating rooms.
Per a court stipulation last year, Seattle Children's admitted that it was negligent in exposing several of its patients to the Aspergillus fungus while those patients were in cardiac or neurosurgery operating rooms.
However, when a jury heard this recent class action suit, evidence about Seattle Children’s negligence or the extent of the Aspergillus contamination or the number of other children in this class action were not allowed to be brought up.
The three cases ruled on today are just the first of more than 70 additional people in the class action lawsuit. The three plaintiffs represented in this particular suit were two babies and an 11-year-old.
"It took years of litigation for the hospital to finally take the blame," said Andrew Ackley, Stritmatter attorney representing the families. "This class action and this trial are about taking responsibility, even where children did not suffer the worst possible outcomes. This is part of the march toward full accountability, and preventing this type of negligence from affecting any more families."
In closing arguments, the hospital claimed its negligence in exposing children to Aspergillus during open-heart surgery caused no harm because the children took anti-fungal medication for a few days to a month, and were undergoing treatment anyway.
The hospital suggested damages awards of $10,000 to $20,000 at most.
A jury awarded $100,000 each to two families and $15,000 to another.
Other suits against the hospital are still ongoing.
In a statement, Seattle Children's Hospital said:
"Seattle Children’s greatest priority is the health and safety of our patients. We thank the Court and jurors for their work and careful consideration of the evidence in this matter. Seattle Children’s accepted responsibility for the potential exposure in our operating rooms, and we accept the jury’s verdict."