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Wednesday, July 17, 2019

Patient alleges health care professionals' negligence led to death of newborn child

Lawsuits

By Carrie Bradon | May 27, 2019


BENTON — An Illinois woman is suing the United States, alleging a negligent team of health care professionals failed to inform her that she had herpes, resulting in the death of her newborn child.

Kaleigh Peery, in her individual capacity as personal representative of the estate of Esmerelda Peery, a minor, filed a complaint in U.S. District Court for the Southern District of Illinois against the United States of America, alleging wrongful death, negligence, violation of the Family Expense Act.

The suit states Peery was treated by Southern Illinois Healthcare Foundation while pregnant, and the foundation is associated with U.S. Department of Health and Human Services. On Oct. 12, 2016, the plaintiff says, she was seen by a Dr. Vuyyuru who ordered a herpes simplex type 2 lab test. 

The test came back positive, the suit alleges, but the doctor failed to inform Peery of the results. The plaintiff said she went into labor at 35 weeks, six days.

On April 4, 2017, the suit states, three days after the birth of the plaintiff's child Esmerelda , the plaintiff's doctor was sent a fax from St. Mary's Hospital regarding Kaleigh Peery's diagnosis of herpes, although the plaintiff had previously not been informed of the disease. 

The plaintiff says she and her baby were discharged from the hospital two days later but on April 19, 2017, Peery brought her baby to the St. Louis Children's Hospital with seizures. Emsmerlda Peery ultimately died May 4, 2017, as a result of her having contracted an HSV infection. the suit says.

Kaleigh Peery seeks reasonable compensation, costs of suit and all other just and proper relief. She is represented by attonrey Jeremy A. Gogel of The Gogel Law Firm in St. Louis. 

U.S. District Court of the Southern District of Illinois Case number 3:19-CV-00487

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U.S. District Court for the Southern District of Illinois

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