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Court Grants $32 Million in Case of Premature Baby’s Death at Yale Hospital

A Connecticut court has awarded $32 million to the estate of a child born prematurely who tragically passed away three months later. This decision came after Yale New Haven Hospital administered a cow-based nutrition fortifier without the parents’ consent or knowledge.

The court found that the choice to use a bovine-based product instead of the mother’s own milk or another human-based alternative not only disregarded the parents’ wishes but also violated a policy statement from the American Academy of Pediatrics (AAP). Judge Karen Goodrow of the Superior Court in New Haven highlighted that the hospital referenced this very policy in its treatment plan.

In her ruling, Judge Goodrow stated that she found the testimony of the parents and their witnesses to be more credible than that of the hospital staff. The court concluded that the hospital failed to obtain any form of consent, particularly informed consent, regarding the use of bovine-based products. The estate of Aries Reign-Peterson was awarded $30 million in non-economic damages and $1,962,884 in economic damages. The non-economic damages were intended to reflect a fair assessment of Aries’ pain, suffering, loss of enjoyment of life, and the impact of his untimely death.

The AAP has cautioned that infants receiving bovine-based products are at a heightened risk of developing necrotizing enterocolitis (NEC), which ultimately led to the baby’s death. The court found that the medical team in the neonatal unit did not adequately discuss the risks and benefits of using bovine-based products with the parents. The potential risk of Aries developing NEC was never communicated to them. Despite the parents’ strong preference for their child to receive only the mother’s milk, the medical team did not increase his intake of it or explore other alternatives.

In its defense, the hospital claimed that the AAP had revised its stance since the advisory it relied upon for treating the infant. They also noted that they did not stock human-based fortifiers, such as Prolacta, which are suitable for infants like Aries and are readily available. The doctors argued that they did not believe there was compelling evidence to suggest that outcomes were better with human milk-based products.

The parents stated that had they been informed that the use of a bovine-based fortifier was essential for Aries’ growth, they would have refused its use and sought other options. One alternative could have been transferring Aries to a facility that offered Prolacta, a human-based fortifier.

Aries was born prematurely on January 30, 2018, with an extremely low birth weight, measuring about half the size for his gestational age of 27 weeks and four days. He weighed approximately 1.3 pounds at birth and sadly passed away on April 18, 2018.

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A Connecticut court has awarded $32 million to the estate of a child born prematurely who tragically passed away three months later. This decision came after Yale New Haven Hospital administered a cow-based nutrition fortifier without the parents’ consent or knowledge.

The court found that the choice to use a bovine-based product instead of the mother’s own milk or another human-based alternative not only disregarded the parents’ wishes but also violated a policy statement from the American Academy of Pediatrics (AAP). Judge Karen Goodrow of the Superior Court in New Haven highlighted that the hospital referenced this very policy in its treatment plan.

In her ruling, Judge Goodrow stated that she found the testimony of the parents and their witnesses to be more credible than that of the hospital staff. The court concluded that the hospital failed to obtain any form of consent, particularly informed consent, regarding the use of bovine-based products. The estate of Aries Reign-Peterson was awarded $30 million in non-economic damages and $1,962,884 in economic damages. The non-economic damages were intended to reflect a fair assessment of Aries’ pain, suffering, loss of enjoyment of life, and the impact of his untimely death.

The AAP has cautioned that infants receiving bovine-based products are at a heightened risk of developing necrotizing enterocolitis (NEC), which ultimately led to the baby’s death. The court found that the medical team in the neonatal unit did not adequately discuss the risks and benefits of using bovine-based products with the parents. The potential risk of Aries developing NEC was never communicated to them. Despite the parents’ strong preference for their child to receive only the mother’s milk, the medical team did not increase his intake of it or explore other alternatives.

In its defense, the hospital claimed that the AAP had revised its stance since the advisory it relied upon for treating the infant. They also noted that they did not stock human-based fortifiers, such as Prolacta, which are suitable for infants like Aries and are readily available. The doctors argued that they did not believe there was compelling evidence to suggest that outcomes were better with human milk-based products.

The parents stated that had they been informed that the use of a bovine-based fortifier was essential for Aries’ growth, they would have refused its use and sought other options. One alternative could have been transferring Aries to a facility that offered Prolacta, a human-based fortifier.

Aries was born prematurely on January 30, 2018, with an extremely low birth weight, measuring about half the size for his gestational age of 27 weeks and four days. He weighed approximately 1.3 pounds at birth and sadly passed away on April 18, 2018.

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