LaChunda Hunter is suing Novant Presbyterian Medical Center after a nurse told her on February 13, 2022, that her newborn, Legacy, had died following a C-section. Days later, a doctor mistakenly called to inform her that the baby was alive.
The disappointed mom is suing the hospital for negligence and emotional and financial distress.
It all began three days after her birth procedure, when Hunter was discharged from the hospital, leaving her baby, Legacy, in the NICU.
“She was thriving, they thought the worst, but she did well,” Hunter said at a press conference recently.
The lawsuit, according to Law&Crime, states that on February 19, she visited Legacy and received positive news from hospital staff that the baby was “responding to antibiotics” and “looking beautiful.”
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However, that same evening, she received a devastating call informing her that Legacy had died.
The next day, Hunter and her friends were taken to a dark, windowless room, apparently a storage closet, where a nurse presented her with a baby identified as Legacy, according to the complaint.
“They brought me a baby wrapped in a whole bunch of blankets,” she said. “I don’t know what the baby looked like because it was so dark.”
On February 22, as Hunter was in the process of arranging the funeral, she received another surprising call from the hospital.
“Dr. Jay Kothadia identified himself to [Hunter] and shared that he was very excited to share Legacy’s test results,” the complaint noted. “He spoke in detail about the improvement in Legacy’s jaundice, white blood cell count, and breathing levels. He continued and said that things had really turned around and he was happy and ‘very optimistic’ about Legacy’s condition.”
In her state of shock upon hearing the doctor’s report, Hunter’s work assistant had to speak up for her.
“You told her that her baby was dead!” the assistant shouted into the phone, per the complaint.
“Dr. Jay Kothadia immediately hung up the phone, leaving [Hunter] in a state of severe distress and confusion,” the complaint alleged.
Hunter tried calling the hospital again, but it went unanswered, so she left a message.
A different doctor later contacted Hunter to apologize for the error, according to the complaint. This doctor clarified that the test results Dr. Kothaida had shared were actually for another infant. The hospital said that the mistake occurred because an incorrect telephone number was recorded on the baby’s chart.
The complaint states that Hunter asked Dr. Kothaida for more details about the test results that matched Legacy’s health problems. The doctor reacted angrily, refused to give the information, and threatened to call security to have Hunter arrested if she came back to the hospital.
Hunter is still not sure if the baby she buried was Legacy.
The lawsuit alleges that the blanket-covered baby the mother held the day after the child supposedly died had no tubes in her throat, nose, and mouth. However, Legacy’s medical chart claims that these tubes were not removed until days after the baby’s reported death.
Hunter requested a private DNA test before the baby’s funeral, but the results were inconclusive. She stated that the baby she buried appeared older and different from Legacy.
“This baby doesn’t even look the same as my daughter. My daughter had clear marks on her forehead from skin and bruising. This baby does not have any marks, no sores, anything,” Hunter said.
Novant called for a second DNA test, which confirmed Hunter as the baby’s parent. Despite this, Hunter disputes the results, asserting she never agreed to provide a DNA sample.
“I don’t want any mother to feel this,” she said. “I don’t want any mother to go through what I’m going through.”
Hunter demanded Novant investigate the case and allow her to view her baby’s and the reportedly deceased baby’s medical records.
The lawsuit alleges Novant failed to explain the events from her baby’s NICU admission to the reported death.
Following an inquiry about Hunter’s allegations, Novant Health provided this statement to WCNC:
“We value the trust families place in us, and while privacy laws prevent us from commenting on individual circumstances, we take all concerns seriously. As caregivers, we guide people through profound moments of joy and loss, and we carry a deep understanding of the complexity of grief. As a result, our care teams are wholly committed to surrounding all families with compassionate care, respect, and support.”
