Family of 2-year-old who died of the flu threatens to sue N.J. hospital that sent him home
A New Jersey family is threatening to sue Morristown Medical Center for $25 million after their 2-year-old son was discharged and died from complications of the flu.
Isais Castillo IV, who died Jan. 6, wasn’t vaccinated for the flu. He was scheduled to get a shot later this month, his family said.
His mom told ABC7 that he had a fever and they took him to the emergency room, but he died one day after being sent home.
Morristown Medical Center staff allegedly “deviated from accepted standards of care” when they discharged Isais on Jan. 5, causing his death the next day, according to a notice of tort claim filed against the hospital.
The legal notice claims $25 million in damages, which include “emotional distress, suffering, loss of enjoyment of life, extraordinary medical expenses, economic damages and loss of child’s services.”
Darryl L. Zaslow, the family’s attorney, told NJ Advance Media on Friday that “the tragedy here is unimaginable.”
“I will be doing a thorough investigation upon receiving the medical records and then I’ll determine if a lawsuit will be filed,” said Zaslow.
Spokespeople for Atlantic Health, which owns Morristown Medical Center and is also named in the legal notice, did not immediately respond Friday to requests for comment.
Giselle Castillo described her son’s death as “the biggest loss of our lives,” in a public Facebook post.
A GoFundMe campaign created to support the family has raised more than $18,000 as of Friday.
Isais was the first pediatric flu death in New Jersey this season.
There have been 104 total flu-related deaths in New Jersey since the fall, most of which were people 65 and older, according to state data.
However, the flu can cause severe illness and death in anyone, including children. Last year, the state reported five pediatric flu deaths.
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