Killian required a ventilator after he was born in October 2018 with birth defects, which required surgical intervention. According to the complaint, the baby’s condition was getting progressively better. However, in June 2020, Jaquez was on duty at the Voyez home when the ventilator data showed repeated apparatus disconnects…law.com, $10 Million Settlement Reached for Baby Injured by Disconnected Ventilator, Nov 2024
Jaquez noticed that Killian was in respiratory distress and called for Thomas Voyez to help. The nurse was unable to restore Killian’s breathing until the police arrived, and one of the officers noticed that the tracheostomy tube was not fully inserted. Once it was reinserted, Killian was rushed to the Chilton Hospital emergency department. He went without oxygen for more than 15 minutes.
The complaint, filed in August 2021, alleged that the defendants negligently breached their duty to care for Killian. The plaintiff’s expert on in-home nursing care, Kathryn Rudd, offered her opinion that Jaquez deviated from the standard of care applicable to a licensed practical nurse providing home health care. She also found that the corporate defendants deviated from the appropriate standards in training and supervision.
In answering the complaint, the defendants denied liability. They put forth several separate defenses, including that the complaint was barred under comparative negligence, the doctrine of laches, and the entire controversy doctrine, among other defenses.
As a result of the incident, Killian sustained multiple injuries, including cardiac arrest, respiratory failure, and anoxic brain damage. He also has epilepsy and cerebral palsy, among other ailments. He is immobile with limited brain function and is dependent on a ventilator and medication to live.
The settlement allocated $8.5 million to Killian and $1.5 million to his parents for their per quod and emotional distress claims.