HUNTINGTON – A Kentucky man says his infant son suffered a permanent brain injury because of the negligence of medical staff at a Huntington hospital.
The father, identified only as R.C., on behalf of his son identified as N.C., filed his complaint December 2 in federal court against Dr Mariana Lanata Piazzon and the Marshall University Board of Directors. Piazzon is a doctor of pediatric infectious disease.
“My client’s infant son had a severe viral infection that was causing him seizures,” attorney L. Dante diTrapano told The West Virginia Record. “Unfortunately, the doctors involved in his care did not give the parents the option of having their infant son receive the one type of treatment that could have prevented him from having a permanent brain injury.
diTrapano
“The combined negligence of these supposed health care providers have devastated this family.”
According to the complaint, N.C. was born May 27, 2022, at 37 weeks. He had a transient hypoglycemia and was discharged three days later.
On June 13, 2022, he presented to the emergency department at Cabell Huntington Hospital with decreased feeding, irritability and lethargy. He initially was admitted for dehydration, but became more lethargic with intermittent shallow breathing and apnea. He was then transferred to the pediatric intensive care unit where a battery of tests were performed, and he was given ampicillin and gentamicin. An initial liver function test showed transaminitis and hyperbilirubinemia.
The next day, a sample showed the infant was positive for HPeV, and he was seen by Piazzon. She recommended continuation of ampicillin and gentamicin and further recommended providing only supportive care for HPeV, according to the complaint.
HPeV, or human parechovirus, is characterized as small, non-enveloped and single-stranded positive-sense RNA viruses that mostly infect infants and young children.
On June 16, 2022, N.C. was given antiepileptics after he had frequent interictal subclinical seizure activity focused on the left front temporal-center region. He was given intravenous immune globulin as “potential help” against his likely viral sepsis/systemic viremia/encephalitis caused by HPeV.
The next day, Piazzon again recommended only supportive care for HPeV and made no recommendations for additional treatment with the IVIG.
Two days after that, Piazzon noted that N.C. had “CXR with persistent atelectasis and slightly worsened likely related to edema, and further noted worsening ProBNP levels.” She recommended continued ampicillin/sulbactam for suspected aspiration pneumonia and to continue supportive care for HPeV.
On June 20, 2022, another doctor noted overnight reoccurrence of seizure activity and that the condition was consistent with severe HPeV infection including sepsis, respiratory failure and meningoencephalitis. He recommended continued supportive care for HPeV.
The next day, another doctor also reported the HPeV was continued to cause the infant’s CNS injury and inflammation. She ordered further IVIG treatments.
On June 22, 2022, the second doctor acknowledged a potential beneficial effect of IVIG on residual viremia as well as an anti-inflammatory effect.
“N.C. suffered a permanent brain injury because of his severe HPeV infection and at the time of discharge, brain MRI showed extensive supratentorial leukomalacia and ventriculomegaly,” the complaint states.
The plaintiffs accuse Piazzon of professional negligence for deviating from the reasonable and accepted standards of medical care by failing to properly advise N.C.’s parents of the risks and potential benefits of IVIG therapy and for failing to engage the parents in making an informed choice regarding the administration of IVIG. They also accuse the MU BOG of medical negligence and vicarious liability.
They seek compensatory damages for medical expenses, physical pain and suffering, loss of earnings, annoyance, embarrassment, humiliation, inconvenience and loss of enjoyment of life as well as punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The plaintiffs are being represented by diTrapano and David H. Carriger of Calwell Luce diTrapano in Charleston and by Dr. Richard D. Lindsay and Richard D. Lindsay II of Tabor Lindsay & Associates in Charleston.
U.S. District Court for the Southern District of West Virginia case number 3:24-cv-695