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It’s been 10 months since we last reported on the case of the deaths of the 13 neonatal patients inside the hospital’s intensive care unit. 

While the families continue to live with their loss, the tragedy has faded from the national headlines. Â But tonight, it’s back again because 5 mothers are suing the Karl Heusner Memorial Hospital’s Board of Governors. They claim that the negligence at the hospital caused the death of their babies when they failed to control the outbreak of the entobacter cloacae bacteria.

Marissa Cruz, Katricia Panting, Nichole Grinage, Kelsey Young and Gorgiana Hernandez all want to ensure that someone is held publicly responsible for the babies, and they’ve been working with attorney Kareem Musa to make that happen.

Today, Musa outlined the case for us:

Kareem Musa - Attorney for the Applicants
"We’ve been writing to the K.H.M.H. because we said that perhaps they might be willing to settle because this was a clear act - in my opinion - of gross negligence on the part of the hospital. So we made attempts to reach out to the K.H.M.H., but at the end of the day all attempts proved futile. We have requested the medical records - something as basic as that Daniel and the K.H.M.H. has not been forthcoming with that. They have not given us, despite our request. They have responded to letter of request for each of their medical records saying, 'This baby didn't die from that bacteria, despite the fact that it was confirmed. It was actually verbally confirmed to all these ladies, and I am certain that the medical records would reflect that. It's just that now, they don't want to give us those medical records, and they don't want to give us for a reason. We don't have the medical records but all of them were told by their paediatricians, by the nurses, and by the people in the NICU, you're child died from that bacteria. These 5 mothers have taken action. We're at the very preliminary stages of the action, so I don't want to discuss the merits of the case, per say, just to advise you that yes, action has been taken. As you know, there is a 1 year statute of limitation in instances of wrongful death. We were approaching that 1 year without any answers, without any apologies from the Government and from the KHMH to these mothers, and after 1-year limitation, they would have lost their right to take action. So, we found it necessary; we could not stall any longer. We could not engage them in their delaying tactics; we had to take action against them."

Musa told us that he’s waiting on the attorney from Young’s Law Firm, which has been retained to defend KHMH’s Board, to file their defence within a month’s time.

The women are hoping that the court grants an award of special damages of up to $2,000 each. Additionally, should the court rule in their favour, they would also be entitled to general damages, which would to be decided by the sitting judge. 

Today CEO Dr Peter Allen said the ministry can’t worry about the lawsuit; they just have to stay focused on ensuring wellness for babies at the KHMH:

Dr. Peter Allen - CEO, Ministry of Health
"The lawsuit of course is of concern to us only because babies died. That is our principal concern, and our principal concern at this point is making sure that that never happens again, that we eliminate as much as possible the risk of such outbreaks in any hospital in the country."

The paediatric intensive care unit is being re-built at a cost of half a million dollars.