Albany Mom Sues Medical Center, Claims They Caused Her Newborn to Die

An Albany mom is suing a medical center after her one-month-old daughter died from a “significant, life-threatening condition” that caused her to “suffer and finally die.” 

Shamaya Jackson is suing Albany Medical Center for wrongful death, medical malpractice, vicarious liability, and lack of informed consent, claiming she was not told about treatments performed on her daughter Milani, who was admitted to the hospital multiple times in April for respiratory issues.

Albany Medical Center told PEOPLE they were “unable to comment on matters pertaining to patient confidentiality. As the sole children’s hospital in the region, Albany Medical Center cares for more than 1,100 critically ill or injured children annually in its Pediatric Intensive Care Unit. Our team of pediatric intensive care specialists is fully trained in the most advanced lifesaving and support techniques available, and compassionate, quality care and patient safety are always our top priority.”

According to the lawsuit, on April 9, Jackson brought her daughter, Milani, to Albany Medical Center after the baby, then 2 weeks old, was having trouble breathing. Jackson alleges that Milani was sent home “with little done and a lack of answers,” according to the lawsuit. A GoFundMe established by the family describes her initial symptoms as seeming like a “cold.”

When Milani developed wheezing and shortness of breath on April 25, Jackson brought her back to Albany Medical Center, where, per the lawsuit, “Milani’s oxygen saturation dropped into the 80s.”  The lawsuit says Milani was diagnosed with “acute hypoxic respiratory failure secondary to human metapneumovirus bronchiolitis,” which is a respiratory virus similar to RSV. 

Yet Milani was “inexplicably discharged home” on April 26, the lawsuit says, despite the baby “suffering from this significant, life-threatening condition.”

Jackson brought Milani back to Albany Medical Center the next day, per the lawsuit, as “baby Milani’s condition had deteriorated to the point that she is gasping for air. She was now in respiratory failure.“ While in the emergency room, Jackson’s lawsuit says she had to wait “for some time, still waiting for answers or help. Meanwhile Milani was critically ill.”

The one-month-old died the next day, on April 28. The lawsuit alleges that “baby Milani’s death was entirely avoidable.”

The lawsuit continues, “In baby Milani’s final days, defendants still failed to appreciate the severity of her condition, allowing her to continue to suffer and finally die in her first month of life.”   

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Jackson told CBS News that blood tests later diagnosed Milani with MRSA, a type of staph infection, and E. Coli, but that she was left in the dark about the treatments.

“They didn’t tell me they were treating her for MRSA,” she told CBS News. “It was just a whole lot that I feel like a small baby shouldn’t have endured.”

Jackson and family protested outside of the hospital following Milani’s death; Jackson told the outlet that she would continue to protest so “they know who she is and know her name.”

“Ms. Jackson did everything a parent should do, she relied on her instincts to know something wasn’t right with her daughter and repeatedly sought help and answers,” Jackson’s lawyer, Joseph L. Ciaccio from the law firm Napoli Shkolnik, told PEOPLE. “Unfortunately, she was ultimately sent home and is now living every parent’s worst nightmare.”