LOUISVILLE, Ky. — A New Albany, Indiana family has filed a lawsuit against Norton Children’s Hospital alleging their 8-year-old child was taken off life support while still fully conscious.
Sally and Christopher McCullum claim their 8-year-old son was at the hospital for nearly a year awaiting a new heart.
The boy had underwent a heart transplant around July 30, 2022, but the transplant was rejected just hours after implantation.
According to the lawsuit, their son had a congenital heart defect and was being kept alive with a heart device and a ventilator for about eight months.
In April 2023, the hospital allegedly told the family the boy was no longer eligible for a new heart, and they would have to stop life-saving measures. It’s something the McCullum’s said they never agreed to.
Then, when it was time to take the child off life support, the couple claims no doctor was present. They also state their son was awake and alert – in pain for hours before he died.
The McCullums further claim Norton acknowledged health care providers had never removed life sustaining treatment from a conscious child like this.
"Because no one skilled in this critical end-of-life procedure was provided by Norton during its implementation of end-of-life steps, from the moment Norton commenced these steps, [the child] was fully conscious, awake, and in severe emotional fear, pain, terror and fright and physical agony," the lawsuit read.
Norton Healthcare responded to WHAS11’s request for comment and they stated:
“The death of any child is heartbreaking. Our thoughts are with this family as they mourn the loss of their child.
Norton Children’s Hospital cares for our community’s youngest patients, and we serve all families, including those in very difficult situations. Our clinical teams meet with families regularly to review care plans and medical options, and we work to maintain an open dialogue. Our priority is to provide quality care to all those we serve. Unfortunately, not every medical intervention is successful.
In order to safeguard the privacy of patients and in compliance with HIPAA, we are not permitted to discuss specifics regarding an individual patient.”
The McCullums are seeking compensation including past and future mental, emotional and physical pain and suffering.
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