The grieving parents of a girl who tragically died after a Florida hospital worker allegedly broke her neck have taken legal action against the facility.
Gianna Lopera gave birth to her daughter Jahxy Peets at Orlando Health’s Winnie Palmer Hospital for Women and Babies when she was just 24 weeks pregnant on June 12, 2022.
The baby was immediately intubated and admitted to intensive care due to her premature birth.
But two weeks after her birth, a neurological consultation was requested when doctors noticed her limbs were no longer moving.
Grieving parents, Gianna Lopera, 24, and Jahmair Peets. 28, of a girl who tragically died after a Florida hospital worker allegedly broke her neck, legal action has been taken against the facility.
Gianna’s partner, Jahmair Peets, said a bruise was later detected on his daughter’s spine.
He said: ‘They don’t know why he presented this and unfortunately he can’t move his hands. The hospital also said his neck and the back of his head suddenly swelled.
An MRI later concluded that the newborn’s neck had been broken, and experts who reviewed the case alleged that the injury was caused by “extremely excessive force.”
Doctors familiar with the case stated that “there is no way this could have happened accidentally” and say evidence showed “cord signal abnormality, enlargement and suspected hemorrhage affecting parts of the cervical and thoracic cord.”
The claim says no note had been made in the medical record documenting an excessive force event and there was no indication that an investigation had been conducted once the injury was discovered.
Experts who reviewed Jahxy’s medical records determined that her neck had been broken intentionally and shared that “there is no way this could happen accidentally” and that the injury was caused by “extremely excessive force.”
Jaxhy eventually succumbed to the injuries sustained resulting in his death at just 165 days old on November 25 of that same year.
The heartbroken couple’s attorney, Nicole Kruegel, said McClatchy News: ‘She couldn’t breathe on her own, her organs started to fail… it was just a very slow death.’
the couple lawsuit claims the hospital did not name the individual responsible for the fatal injury.
“As far as the parents know, this person who did this could have done it intentionally, or if he did it accidentally, he did it because he doesn’t know what he’s doing, and he’s still in that NICU handling babies, as far as we know,” the attorney said. Nicole Kruegel (pictured).
It is also alleged that the hospital attempted to cover up the actions of its staff.
“This traumatic event was not recognized or reported and it appears from the records that an attempt was made to cover up the cause of Jahxy’s injuries,” the lawsuit says.
“As far as the parents know, this person who did this could have done it intentionally, or if he did it accidentally, he did it because he doesn’t know what he’s doing, and he’s still in that NICU handling babies as far as we know,” Kruegel said.
Before Gianna and Jahmair filed their lawsuit, the hospital admitted liability for their daughter’s death under Florida Statute 766.207which would limit the amount of damages the family could recover in arbitration.
“Jahxy’s parents refuse admission and prefer to fight for justice,” Kreugal said.
A GoFundMe page has been created to help cover the costs of Jahxy’s care before she passed away, as well as ongoing costs for the family.
With their lawsuit, Jahxy’s parents are seeking more than $50,000 in damages and demanding a jury trial. Pictured: Orlando Health Winnie Palmer Hospital for Women and Babies in Orlando, Florida
If Jahxy’s parents agreed to admit him to the hospital, Kruegel said the litigation would only revolve around financial damages.
“We could never, ever find out what happened to Jahxy,” Kruegel says.
“What really bothers me about this case is that the hospital is admitting liability and trying to take the case to arbitration.”
Jahxy’s parents say they lack explanations for how this could have happened and remain desperate for answers to ensure it doesn’t happen again.
With their lawsuit, Jahxy’s parents are seeking more than $50,000 in damages and demanding a jury trial.
The grieving parents will hold a press conference on October 21 outside the hospital to demand accountability for their extreme devastation.
TO GoFundMe The page was created to help cover the costs of Jaxhy’s care before he passed away, as well as ongoing costs for the family.