Health providers sued in baby’s dealth
Posted on Thursday, September 13, 2007
BENTONVILLE - A malpractice lawsuit was filed Tuesday against Mercy Health Center Pediatric over the death of a 7-month-old boy.
Mountain Home attorney Frank Bailey filed the suit in Benton County Circuit Court on behalf of the child's parents, Joseph Yager and Amanda Yager. Also named as defendants in the suit are Dr. James Scherer, Mercy Health System of Northwest Arkansas Inc. and Sisters of Mercy Health System.
The couple were appointed administrators of the estate of their son, Elijah Yager, who died Sept. 23, 2005.
According to the suit, the child had been treated for gastroesophageal-reflux disease before his death. The child's medical history also included stiffening, choking and projectile vomiting, according to the complaint.
The suit claims Scherer failed to adequately examine, diagnose and treat the child. The suit also alleges Scherer failed to instruct the family on proper feeding and positioning procedures; failed to prescribe a monitor; and failed to perform or refer the case to a specialist for surgery to prevent aspiration.
The suit is seeking unspecified monetary damages for the child's probable future services and contributions, loss of life, and mental anguish.
A lawsuit represents one side of a legal argument.
The suit is assigned to Circuit Judge Jay Finch.
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