Baby Dies During Sleep Study; Parents Sue and Get Apology and $15M

Becky and Ryan Kekula wanted a family, and they welcomed their son, Jackson, into the world in August 2021.  The Kekulas are dwarfs, and their son Jackson was also born with dwarfism, which included breathing difficulties due to sleep apnea.  However, Jackson's breathing was improving, and Becky and Ryan took him to Boston Children's Hospital in February 2022 for a sleep study test. Tragically, Jackson's oxygen levels dropped during the test and before staff realized the problem, Jackson coded.  Staff were able to regain a pulse, but not before Jackson suffered severe brain damage.  Becky and Ryan took Jackson off life support a few days later.  

According to news reports, the family filed a lawsuit against Boston Children's Hospital.  The lawsuit and investigation by the State of Massachusetts found Jackson went without oxygen for 20 minutes.  The Kekulas refused to sign a non-disclosure agreement, saying that sharing Jackson's story is important for their healing.  The case settled for $15M.  

The hospital released the following statement after the settlement:

"We express our deepest condolences and apologize to the family for the loss of their son. Following this incident, we immediately stopped all sleep studies and began a thorough review of what occurred. We examined our policies, staff training, competencies and all systems that support sleep lab studies, including scheduling, ordering, triaging and performing the actual study.

We identified and implemented several improvements for how we conduct sleep studies, including a revision of responsibilities of team members; hands-on skills training and education for sleep lab staff; enhanced sleep technologist orientation and ongoing training; modification of the ordering and triage process that assesses potential risks to patients; and a review of the environment in which testing is conducted. After this review and implementation of these improvements, sleep studies were reinstated in a phased manner to ensure patient safety.

"We continue to closely monitor the care delivery of sleep studies to ensure the highest levels of quality and safety for our patients and their families. We maintain our system-wide commitment to prioritizing and improving quality and safety as the foundation of all the care provided at Boston Children’s Hospital."

Kudos to the hospital for apologizing and providing a detailed response to the media.  How often do we read or hear "no comment" after such settlements, or suffer through lame excuses such as we would love to talk with the media but HIPAA precludes any comments?  Indeed, if this tragedy could have happened at Boston Children's Hospital, it could happen anywhere, so by sharing this story other healthcare organizations will surely learn and future tragedies will be prevented.  Yet, why did the Kekulas have to file a lawsuit against the hospital?  And why was a non-disclosure agreement part of the settlement discussions?  It would appear Boston Children's Hospital has work to do on their disclosure & apology program. 

Families should not have to sue to receive justice after a medical error -- healthcare organizations should be proactive --  and gag orders should never be part of any settlement discussions.  Though the leadership of the hospital did right by the family and their institution by offering a detailed public apology, more reform is needed before they can be considered enlightened.  

Sincerely,

- Doug

Doug Wojcieszak, MA, MS
Founder & President
Sorry Works!
618-559-8168 (direct dial)
doug@sorryworks.net