Bellwether Trial Ends in Award for Youngsters Exposed to Mold

A jury in King County, Washington, has awarded $215,000 to be divided among the families of three children exposed to Aspergillus mold while undergoing surgery at Seattle Children’s Hospital.

The bellwether trial was handled last month by Karen Koehler and Andrew Ackley, plaintiff’s personal injury attorneys at Stritmatter Kessler Koehler Moore in Seattle. For the past four years, the pediatric hospital has been defending suits filed by the Stritmatter team, along with John R. Layman and team at Layman Law Firm in Spokane.

About 100 children were allegedly exposed to Aspergillus while being treated at Children’s Hospital in Seattle. Like the three youngsters in the bellwether case, most did not become infected, but had to endure months of blood tests and prophylactic treatment.

“Infants who had recent cardiac surgery had to undergo treatment regimens that caused nausea and vomiting,” says Koehler. “But just as bad—the medication had to be monitored with weekly blood draws and other tests. Getting blood out of an infant whose blood vessels have collapsed because they are cardiac patients meant sometimes holding the baby upside down and taking blood from the neck.”

Class action families

There are 77 remaining clients in the class of children exposed but not infected. In addition, the attorneys represent families of about 20 youngsters allegedly infected by the mold. Settlements have been reached with Children’s in seven other cases, several of which involved deaths.

“There are no other known cases of a hospital, let alone a renowned hospital like Children’s, exposing numerous children with Aspergillus in the operating room,” says Koehler. “Children were sickened and died. Others had to undergo prophylaxis treatment that caused side effects or delayed treatment.”

Recurrent problems

The pediatric hospital’s issues with Aspergillus go back about two decades. The operating rooms have been closed for mold removal three times, but twice the Aspergillus came back. Children’s Hospital said the pattern of mold infections was not noticed until 2019, according to a Seattle Times report.

Children’s has admitted, to a limited degree, negligence in exposing patients to Aspergillus in its operating rooms.

“SCH has only admitted that it exposed patients to Aspergillus in the ORs for the prophylaxis class action case, where the time frame is between 2018-2019,” Koehler says. “It has not admitted negligence for any of the infection cases that were settled or which remain to be tried.”

Children’s has acknowledged seven deaths from the mold since 2001—a figure Koehler believes to be a significant understatement.

Aspergillus is not an uncommon mold, but it can pose a serious health threat to those who have weak immune systems or lung disease.