After Infant’s Death At YNHH, Judge Awards Nearly $32M To Parents

NEW HAVEN, CT — A judge has awarded nearly $32 million to the parents of a premature infant who died in 2018 at Yale New Haven Hospital.

Superior Court Judge Karen Goodrow issued the decision on Dec. 12, following a court trial in May.

The infant, Aries Reign-Peterson, was born prematurely on Jan. 30, 2018. At the time, the child’s gestational age was 27 weeks and 4 days, and he weighed 620 grams, or slightly over one pound. He died at the hospital in April 2018.

His parents, Anika Hunte and Dane Peterson, and the child’s estate, sued Yale New Haven Hospital, Yale University and Yale School of Medicine, and the court considered the plaintiffs’ amended complaint at trial.

The litigation claimed medical personnel fed the child cow-based products without getting consent from his parents, leading to the infant developing necrotizing enterocolitis, or NEC, and dying.

According to the lawsuit, the mother was producing significant amounts of breast milk and the parents did not want the child to receive any cow-based products.

The judge concluded the defendants failed to obtain consent from the parents regarding the use of cow-based fortifier or formula.

Aries was cared for at the hospital’s neonatal intensive care unit, or NICU, due to his prematurity and need for respiratory and nutritional support, court documents show. The newborn had severe abdominal issues, including vomiting, distention, bowel loops, abnormal films and failure to pass stool, according to the ruling.

By mid-February, Aries was producing stools and his weight had increased to 920 grams, court documents show. However, between Feb. 19 and Feb. 21, Aries lost weight, from 920 grams to 870 grams. The infant experienced hypoglycemia and low blood urea nitrogen levels.

“On February 22, 2018, the defendants decided to fortify mother’s milk with a bovine-based fortifier,” the ruling states.

The judge’s ruling concludes the defendants “did not discuss this decision with Aries’ parents, nor did they discuss risks or alternatives.”

“The risk of Aries developing NEC from the use of bovine-based products was never discussed with the parents,” the decision states. “The parents believed that mother’s own milk was the most beneficial for Aries, particularly given his prematurity and extensive medical issues….Had the parents been told about NEC and the increased risk of developing NEC from bovine-based products, they would not have agreed to Aries being fed the bovine-based fortifier or formula.”

The parents didn’t learn their child had received any bovine-based products until reading medical records after Aries’ death, the court ruling states. According to the judge, hospital caregivers could have chosen a human-based fortifier such as Prolacta.

“In 2018, the development of NEC was a known and material risk of the use of bovine-based products in feeding premature babies such as Aries. The defendants were legally required, and had a duty, to discuss with Aries’ parents prior to the use of bovine-based products the intention of the defendants to feed Aries bovine-based products, and to obtain informed consent from Aries’ parents,” the judge wrote.

Aries died due to respiratory failure and multi-organ failure caused by NEC, the ruling states.

“The court finds from the weight of the credible evidence that the use of bovine-based products was a significant factor in Aries developing NEC and ultimately dying,” the ruling states.

It is not immediately clear if Yale will appeal the judge’s decision.

Robert Hutchison, spokesperson for Yale New Haven Health, issued the following statement: “Yale New Haven Health is committed to providing compassionate, individualized, and evidence-based care to families and babies before, during, and after pregnancy. We remain steadfast in our belief that we acted consistently with our mission, vision, values, and legacy in providing care to this child. Though we know it does not minimize the loss the family has experienced, we are disappointed in the verdict and will be evaluating our options moving forward.”