Mom sues Albany Med for 3-year-old son’s death after spending 17 hours at ER
(wnyt)
A grieving mother is calling on Governor Kathy Hochul to take decisive action by signing a bill that she believes will help families like hers receive the compensation they deserve for wrongful death. “I won’t ever get my son back, and I don’t wish that on anyone … I hope his story can bring some awareness to what can happen,” said Keri-Sue McManus WNYT.
Keri-Sue, a mother from Columbia County, is suing the Albany Med Health System and its partners after her three-year-old son, Micah, died under their care. Despite multiple visits to the hospital’s doctor’s offices and pediatric emergency room, Micah’s condition was not properly addressed.
“I knew something was wrong, and no one listened,” Keri-Sue recalled. In November 2022, after contracting COVID-19 the previous month, Micah’s health continued to deteriorate. His symptoms persisted despite several visits to his pediatrician, leading Keri-Sue to take him to the emergency room. However, she was met with a lack of continuity in care.
“The day he died, I was there 17 hours. I saw several different people. They hadn’t met me before. I wasn’t in communication with someone that I felt was in our corner to treat and heal my son,” she explained. Tragically, Micah died of a pulmonary embolism during his third trip to the ER. Even before his death, Keri-Sue was determined to hold the hospital accountable.
She has since filed a 116-page lawsuit for medical malpractice and wrongful death, represented by attorney Joe Ciaccio at Napoli Shkolnik. Keri-Sue’s fight isn’t just for her own family but for all families who have lost loved ones under similar circumstances. “If I could create a sense of accountability where they could examine what they did wrong, I would like that to not happen to anybody else,” she said.
She is now advocating strongly for Governor Hochul to sign the Grieving Families Act. This legislation would expand the ability of families to file wrongful death lawsuits and increase the types of damages that can be claimed, including grief, anguish, and loss of love. The New York legislature has passed the bill for the third consecutive year, but previous versions were vetoed.
Albany Med declined to comment on the ongoing lawsuit but emphasized its status as the region’s only level-one pediatric trauma center. In a statement, the hospital said, “While there are multiple factors to consider when looking at the duration of patient visits, we are doing everything we can—from every angle—to ensure everyone has access to the care they need when they need it.” Keri-Sue’s hope is that this law will help prevent other families from experiencing the same tragedy she has endured.
