A family is suing a Florida hospital after a NICU nurse allegedly broke their premature baby's neck, purportedly leading to the infant's death five months later.
Jahxy Peets was born at 24 weeks at Orlando Health Winnie Palmer Hospital for Women & Babies in Orange County, Florida, on June 13, 2022, according to the attorney for her parents, Gianna Lopera and Jahmiah Peets.
Jahxy was two weeks old when her neck was allegedly broken and the nurse put her back into the incubator, without informing anyone of the injury, "leaving her untreated until other healthcare providers noticed she was no longer moving her limbs," the Rafferty Domnick Cunningham & Yaffa law firm alleged Friday.
"This traumatic event was either not recognized or was not reported and it appears from the records that an attempt to cover up the cause of Jahxy's injuries was made," the complaint says, according to the Miami Herald.
"Despite knowing the cause of Jahxy's paralysis, Orlando Health delayed informing her parents for weeks, offering only vague explanations," said the law firm.
Jahxy died Nov. 25, 2022. She was 165 days old.
"She wasn't able to breathe on her own, her organs started shutting down... it was just a very slow death," Jaxhy's parents' attorney, Nicole Kruegel said, the Herald reported.
The hospital invoked Florida Statute 766.207, admitting liability but limiting the family's pain and suffering damages, said Kruegel. They've also allegedly withheld the name of the hospital worker responsible for the baby's death.
Rather than settle, Jahxy's parents have decided to pursue legal action.
"In any other circumstance, a parent would have the right to know who was responsible for the death of their child and be granted the opportunity to pursue justice. Orlando Health is using a loophole in the law to diminish the life and death of a baby girl," said Kruegel. "Their admission of liability and the cap simply gives hospital systems a license to act recklessly and not face consequences."
