Seattle Children’s Hospital (SCH) shocked the public in November 2019 when the CEO admitted the hospital had been contaminated with Aspergillus mold since 2001, which was the cause of death for six patients.
Nearly three years later, Attorney Karen Koehler, representing H.K., a child infected with the mold during surgery treating a brain aneurysm, called it a case of corporate fraud during a hearing Friday.
“The problem was not created by the doctors or the medical team,” Koehler said. “The problem was the premises as managed by the corporation.”
Seattle Children’s shuts down some ORs after finding low levels of mold
Koehler stated Seattle Children’s Hospital knew about the air-system problem for years.
Seattle Children’s Attorney Brad Fisher is asking for those charges to be dismissed from the case, because it’s been determined medical negligence caused the child’s side effects, not the mold.
“This claim should not be a part of the case. We’ve accepted responsibility for the contamination and whatever damages were approximately caused by that.”
Initially, the case of H.K. was included in the class action suit because his surgically-removed skull piece was contaminated with Aspergillus in the operating room. Upon further investigation, it was determined that his profound brain injury was the result of medical negligence. In March 2021, a separate lawsuit was filed against SCH and the University of Washington.
According to Koehler, the medical negligence relates to the delay in care of H.K.’s brain aneurysm, which eventually burst.
Koehler’s case for corporate fraud breaks into six parts:
First, SCH, through its decades-long conduct, mismanaged its