SEATTLE — A King County jury awarded a combined total of around $215,000 in the first lawsuit against Seattle Children's hospital over Aspergillus mold exposure.
None of the plaintiffs were infected with the potentially deadly mold, but during two weeks of trial they testified that their children were subjected to stressful or painful anti-fungal treatments after medical staff notified them of the possible exposure during medical procedures.
Although jurors determined that the hospital did cause harm to the three patients, the amount of damages awarded could be considered low for a medical trial. The $215,000 was spread among three families who sued the hospital.
Seattle Children’s has accepted liability for exposure to mold risk. It was up to the jury to decide what, if any, damages the hospital should pay. The hospital’s defense team said the anti-fungal medications typically do not have side effects and two of the plaintiff’s children suffered no complications at all.
In a statement following the verdict, a spokesperson said, “Seattle Children’s greatest priority is the health and safety of our patients. We thank the Court and jurors for their work and careful consideration of the evidence in this matter. Seattle Children’s accepted responsibility for the potential exposure in our operating rooms, and we accept the jury’s verdict.”
In 2019, after the KING 5 Investigators received tell-tale documents from the public health department, Seattle Children’s announced that six children had died since 2001 from Aspergillus mold in its operating rooms. At least 14 other young patients had been infected and treated. A seventh baby, Elizabeth Hutt, died from Aspergillus the following year.
Aspergillus was a reoccurring problem in some of the hospital’s older operating rooms for 18 years. While the hospital never disclosed the cause, records reviewed by the KING 5 Investigators showed that gaps in the filters in the OR’s sophisticated ventilation systems likely allowed the mold growth. The hospital says it has since replaced all those systems with advanced HEPA filters.
The trial is expected to be a “bellwether” case for the remaining 70-plus plaintiffs whose children were not infected by mold but who were subjected to precautionary anti-fungal treatments.
The Seattle law firm of Stritmatter Kessler Koehler Moore says there are approximately 20 other plaintiffs whose children were allegedly infected with Aspergillus who are still awaiting civil trials.