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Daytona Beach Lawyer Rick Tresher Discusses Wrongful Death of a Sixteen Year Old Special Needs Child

Tue, Jul 31, 2012 at 11:35AM

A wrongful death lawsuit was recently filed accusing Children’s Mercy Hospital and its employees of medical mal practice. The staff of a detention center was also accused of negligence and violation of a child’s civil rights. The lawsuit was filed by the family of Kathia Casseus.

Kathia Casseus, age 16, was placed into the juvenile detention center by the court after she took her mother’s car without permission and crashed into a carport, causing property damage last August.

The law suit identified Kathia as a special needs child who had a functional IQ of 68.

On February 21st of 2012 Kathia began to complain of heart palpitations and foot pain. Four days later on the 25th of February she complained that she could not breathe and had problems walking—the staff of the detention center handed her ibuprofen. A few hours later she again complained that she could not breathe, this time noting chest pain that caused her to fall to the floor. Rather than call for the proper medical authorities, the detention center staff transferred Kathia to an isolated cell, leaving a note for the on-call nurse who did not respond until after 911 had been called.

Once in isolation, Kathia cried out in an attempt to get medical care. When the staff finally checked on her, she appeared to be sleeping. After 45 to 50 minutes had elapsed, the staff recognized that she was no longer breathing and dialed 911. The staff performed CPR while they waited for medical help to arrive, but it was too late for Kathia.

According to the autopsy report, Kathia died from blood clots in her lungs. How did a 16-year old girl develop blood clots in her lungs?  For reasons still unknown to her mother, the juvenile detention center had taken Kathia to Children’s Mercy Hospital where she was prescribed the controversial birth control patch, Ortho Evra. The patch is recognized for dangerous side effects including increased risks for clotting.

The hospital would not provide a comment on the pending litigation due to policies.   We will continue to monitor this tragic case as it proceeds slowly down the long road of litigation.  

The law firm of Seitz and Tresher represents the unfortunate victims of medical negligence, wrongful death, personal injury, and product liability. Over the past 20 years, our Daytona Beach attorneys have built a reputation for aggressive legal representation in the Daytona Beach and Central Florida area.  If the unthinkable occurs, we would be honored to help you.  

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