EAST ST. LOUIS - U.S. attorney Rachelle Crowe claims plaintiff Tyler Thompson, who sued the government over the death of his son P.J. after suffering injuries at birth, caused the child's death.
She moved for leave to file a counterclaim for contribution against Thompson on Oct. 20.
Assistant U.S. attorney David Pfeffer wrote, “The United States has a good faith basis to assert Tyler Thompson and not any conduct attributable to the United States served as sole proximate cause of P.J. Thompson’s death.”
He claimed discovery revealed that P.J., a disabled child dependent on others for his safety, died at Thompson’s residence.
“At or around the time of his death, P.J. Thompson was left unattended for several hours, sleeping on a couch,” he wrote.
“Furthermore, P.J. Thompson fell from the couch and was found the next morning, unresponsive and face down in pillows placed next to the couch,” he added.
Pfeffer claimed Tyler Thompson is a potential beneficiary under the state’s wrongful death law.
“The United States has a good faith basis for pursuing a contributory fault defense as to any damages alleged on behalf of Tyler Thompson,” he wrote.
Bill Walker of Granite City represents P.J.’s mother Carlie Crain and Thompson in association with Joshua Humbrecht and Paul Rademacher of Mount Vernon.
They first sought damages from the U.S. Department of Health and Human Services as operator of a clinic in Herrin, alleging negligence at P.J.’s delivery in 2016.
They claimed he suffered cerebral palsy, epilepsy and respiratory distress.
The department denied the claim, and the parents sued the government and Memorial Hospital of Carbondale at district court in 2018.
Memorial Hospital and the parents settled in 2020.
Their motion for a finding of good faith didn’t disclose the amount but stated P.J.’s medical bills reached $2,232,000.
On April 13, 2021, Humbrecht notified District Judge David Dugan that P.J. died.
He claimed appropriate authorities were reviewing the circumstances and they hadn’t issued a death certificate.
“Plaintiff is unable to file appropriate probate documents and address substitution at this time, but anticipates doing the same when appropriate,” he wrote.
Dugan vacated a trial date he had set for that September and stayed the proceedings.
Crain and Thompson again sought damages from Health and Human Services, and the agency denied the claim this January.
Dugan lifted the stay in April by agreement of the parties.
Humbrecht amended the complaint in May to add a claim that negligent delivery resulted in wrongful death.
He sought damages for Crain individually and as estate administrator.
He wrote that P.J. “passed away as a result of multiple complications due to perinatal hypoxic ischemic brain injury.”
Humbrecht claimed P. J.’s next of kin, including Thompson and Crain, sustained damages of pecuniary value including love, affection, care, attention, companionship, society, guidance and protection.
One of the five counts in the complaint alleged that Thompson sustained great monetary losses in the form of medical expenses, caregiving expenses and funeral expenses.
Pfeffer filed an answer and affirmative defenses in June, claiming damages couldn’t exceed the sums plaintiffs set forth in their administrative claims.
He claimed they sought $20 million for wrongful death, $50 million for P.J.’s injury, and $15 million for Crain’s injury.
He asserted that injuries were caused in whole or in part by acts, omissions, or negligence of persons for whom the United States could not be held liable.
Pfeffer’s Oct. 20 counterclaim motion included a motion to amend defenses he raised in June.
“Preliminary discovery has given rise to the need for the United States to amend its affirmative defenses to address Tyler Thompson’s involvement in the death of his son,” he wrote.
Dugan has set bench trial next September.