Family sues Albany Med after toddler's death, calls on Hochul to sign grieving families law

ALBANY, NY (WRGB) — A heartbreaking tragedy has led a family to take legal action against Albany Med Health System, claiming that negligence and inadequate care led to the death of their three-year-old son.

The McManus family filed the lawsuit in January after their son Micah died on November 30, 2022, following a 17-hour stay in Albany Med's emergency room.

Micah's mother, Keri-Sue, believed his death could have been prevented if her concerns about her sick son had been taken seriously after she took him for a check-up days earlier.

“She was told, 'He's going to get better, he's going to be fine,'” said Joseph Ciaccio, the McManus family's attorney.

“Until she finally took him back to the emergency room at Albany Medical Center on November 30, 2022, where they stayed for 17 hours,” Ciaccio added. “As his condition continued to deteriorate, her panic grew, but she was unable to get help. Later that night, after 17 hours, he went into cardiac arrest and died.”

It was later discovered that Micah suffered from Budd-Chiari syndrome, a rare liver disease that can occur after COVID illness.

“His condition was not a death sentence. He would have had many opportunities to be saved during all those hours if his condition had been assessed as serious as it was,” said Ciaccio.

BRIANA SUPARDI OF CBS 6: “Why did it take 17 hours? Did they say so?”

JOSEPH CIACCIO:“Keri described it as a chaotic scene. The nurses told her, 'We're sorry, but we just don't have enough staff to handle everything.'”

An Albany Med spokesperson said they could not comment on ongoing litigation, but issued a statement saying: “I can tell you without a doubt: Our team is completely dedicated to their job. They are parents, grandparents, aunts and uncles. They care for their neighbors and friends and do everything in their power to change and save lives.”

The McManus family is using this tragic loss to urge Governor Hochul to sign a bill that would provide more protection and justice for families facing similar tragedies.

In the state of New York, liability for culpable homicide is limited.

“Under New York State law that still exists – and we are one of only two states that still has such a law – this type of damages or compensation is limited to the economic value of a person,” Ciacco said.

Essentially, a person's worth in wrongful death lawsuits is assessed solely on the basis of the amount of their income.

Even if the court in Micah's case finds the hospital to be responsible for his death, his parents will not receive much financial compensation because the three-year-old has no income.

The Grieving Families Act aims to reform the state's old law.

The bill's sponsor in the Senate, Senator Brad Hoylman-Sigal (D), says the bill would allow families like the McManus to seek compensation not only for financial losses but also for emotional damages.

“If a deceased person is not the breadwinner of the family, if they are very young, if they are older, have a disability, often if they are a woman or a person of color, or have a low-paying job or perhaps have a lower level of education, that means that they are necessarily going to be disregarded under New York's wrongful death law,” Hoylman-Sigal said.

This would entitle them to compensation for the psychological suffering caused by the wrongful death.

The Grieving Families Act was passed by the state legislature twice, but the governor vetoed it both times.

“In response, we have limited the number of people who can file suit under this law. We have also shortened the time limit to file a claim. It is now three years and we are limiting family members to the surviving, immediate family members,” Hoylman-Sigal said. “So we think these are two important steps forward and hope that the governor will come to the table to either continue to negotiate or sign this bill.”