Baby Didn't Get Biopsy for Two Years
DECATUR, Ga. (CN) - A baby born with a tumor did not get a biopsy for over two years, her mom claims in DeKalb County State Court.
Angel McCall, individually and as the next friend of Maziah McCall, sued Emory Healthcare, Inc., Southside Pediatrics, P.C. and Kaiser Foundation Health Plan of Georgia for vicarious liability, and for negligent training and supervision - and five doctors for negligence.
According to the lawsuit, Maziah McCall was born at Emory Midtown Hospital on April 4, 2011.
"The birth was by way of a vaginal delivery that was unremarkable. However, the registered nurse who attended Maziah shortly after her birth noted that she had a 'Mongolian spot' in her sacral area. The observations of the nurse appeared in the skin assessment portion of the 'Newborn Admission Assessment.' In her assessment, the nurse also described a 'fatty pad in sacral area' as a 'minor congenital abnormality,'" the complaint states.
The next day, Emory medical staff did an assessment and noted an "abnormality in Maziah's gluteal cleft," in addition to the fatty pad, but "no diagnostic testing was ever ordered to determine whether it was of a benign or malignant nature," according to the complaint.
Mom and baby were sent home and Maziah's care was taken over by Southside Pediatric, the complaint continues. There she had 13 well-baby visits over the next 15 and a half months, but "no diagnostic testing or treatment was ordered regarding the abnormality in Maziah's sacral/gluteal area," although a skin assessment was done each time, according to the complaint.
After that, Maziah became a Kaiser patient where she had at least two well-baby visits, according to the complaint.
In Aug. 2013, a year after Maziah left Southside Pediatrics' care, her mom took her to the emergency room at non-party Piedmont Henry Hospital, the complaint continues. Maziah's mom told Piedmont Henry staff that Maziah had symptoms of constipation, rectal pain, buttock pain and blood in her stools - and that the fatty tissue abnormality had grown since her birth, it says.
Piedmont Henry staff did a needle biopsy and told Maziah's mom to follow up with her doctors at Kaiser, according to the complaint. She did so, and was referred to non-party Children's Healthcare of Atlanta at Scottish Rite, where the mass was diagnosed as malignant, according to the complaint. By that time, it had metastasized, it says.
Maziah was just over two years old. Angel McCall seeks general, special, compensatory and punitive damages, attorney's fees, litigation costs and a jury trial. She is represented by Quinton Seay of Stewart, Seay & Felton in Atlanta.