Hospital Faces Lawsuit After Conflicting Reports on Newborn’s Status: Initially Declared Deceased, Later Claimed Alive, Finally Confirmed Passed Away

A hospital in North Carolina is facing a lawsuit after informing a mother that her newborn had passed away, only to later claim the baby was alive, and then revert to stating the child was deceased due to a medical error. This distressing series of events is at the heart of LaChunda Hunter’s legal action against the facility.

Hunter recounts experiencing a fleeting moment of immense relief and happiness when a doctor at Novant Health assured her that her newborn, Legacy, was recovering despite having a high white blood cell count, respiratory issues, and signs of jaundice, according to her lawsuit. Initially, the hospital staff at Novant Health Presbyterian Medical Center in Charlotte reported Legacy’s death on February 19, 2022, shortly after updating Hunter that her baby was responding well to treatment and appeared to be in good health.

Following this, on February 20, 2022, Hunter and her companions were led to a dim, windowless room that resembled a storage space. There, a nurse presented them with a baby, purportedly Legacy, according to the legal documents.

“Hunter and her friends held and mourned over the baby,” the lawsuit details. “The infant was swaddled tightly, with only part of her head and face visible, and there were no tubes in her airway.”

As Hunter began the heart-wrenching task of planning a funeral, she remained engulfed in profound sorrow over Legacy’s loss. However, this state of grief was interrupted on February 22, 2022, when the hospital reached out to her once again.

Hunter began making funeral arrangements and was in a “deep state of grief over the devastating loss of Legacy” when she got a call from the hospital on Feb. 22, 2022.

“Dr. Jay Kothadia identified himself to [Hunter] and shared that he was very excited to share Legacy’s test results,” the complaint explains. “He spoke in detail about the improvement in Legacy’s jaundice, white blood cell count, and breathing levels. He continued and said that things had really turned around and he was happy and ‘very optimistic’ about Legacy’s condition.”

Hunter says she “listened to this report in a state of shock,” with her work assistant by her side for support. “You told her that her baby was dead!” the assistant shouted out during the call, according to the complaint.

“Dr. Jay Kothadia immediately hung up the phone leaving [Hunter] in a state of severe distress and confusion,” the complaint alleges. Hunter “immediately and desperately” began calling the hospital but no one answered, prompting her to leave a message.

Some time passed before another doctor, Dr. Preethi Srinivasakumar, got in touch with Hunter and told her “she was calling to apologize for making a mistake in her earlier call and that the test results were for a different baby,” according to the complaint.

“[Hunter] immediately pointed out that it was Dr. Jay Kothadia who had made the prior call and that the test results reported were completely consistent with the health conditions for which Legacy was being treated,” the complaint recounts. “Dr Preethi Srinivasakumar stated that the wrong telephone number had been placed on the chart and that they were talking about test results for another baby.”

Hunter tried questioning Srinivasakumar over what happened before the doctor allegedly “became defensive” and informed her that if she came to the hospital seeking answers “security would be called and she would be arrested,” per the complaint.

“Dr. Srinivasakumar’s demeanor became more contentious and defensive as she informed [Hunter] that she needed to get a lawyer,” the complaint says.

Hunter filed her complaint on Thursday and held a press conference to announce that she was taking action against Novant Health.

“[Hunter] continues to experience doubts as to whether Legacy is alive or deceased,” the complaint concludes. “As a result of Defendants’ conduct, Plaintiff suffered severe and debilitating anxiety, depression, Post Traumatic Stress Disorder and ongoing intrusive thoughts that her baby was still alive.”

Speaking at the press conference, Hunter said, “I don’t want any mother to feel this. I don’t want any mother to go through what I’m going through.”

A DNA test conducted by Hunter on the child that the hospital gave her to bury allegedly came back inconclusive. Novant told local NBC affiliate WCNC that a test performed by the hospital showed the baby was hers.

“We value the trust families place in us, and while privacy laws prevent us from commenting on individual circumstances, we take all concerns seriously,” a Novant Health spokesperson told WCNC. “As caregivers, we guide people through profound moments of joy and loss, and we carry a deep understanding of the complexity of grief. As a result, our care teams are wholly committed to surrounding all families with compassionate care, respect, and support.”