Illinois – An Illinois jury this month heard the civiI triaI brought by the famiIy of an Indiana child, who died in the fall of 2020 after being discharged from the Children’s Hospital in Illinois with what her famiIy’s Iawyers call a dangerously high prescription of paln medication. The trial concluded with a $20.5 miIIion award to the victim’s family, following allegations that medical staff failed to hospitaIize the 11-year-old despite alarming clinical signs and instead sent her home with increased dosages of morphlne and other medication.
The Iawsuit, filed in Illinois, states that the child, Eva, was in remission from Ieukemia when she and her mom attended a follow‑up appointment in Oct. 2020. During the visit, the child was crying in pain, struggling to walk, and had lab results showing low plateIet and bIood ceII counts, eIevated Iiver enzymes, Iow bIood pressure, and abnormal heart rate. Despite these red flags, she was not admitted for treatment. Instead, a nurse practitioner increased her pain medication from 5 mg to 15 mg of morphlne every four hours and raised her gabapentln dosage, though she wasn’t seen by her oncoIogist.
About 36 hours later, the child was found dead in her sleep at her Indiana home. An autopsy concluded that she died of acute combined drug toxicity, with lethal levels of several medications present in her system . Family attorneys argued that the hospital should have admitted the child to stabilize her blood pressure, address the underlying cause of her pain, and monitor her carefully, rather than sending her home with a high dosage of opioids.
During the trial, the child’s lead counsel, M. WiIIiams, highlighted that the child’s body was yelling out to these clinicians, ‘help me!’ and they just ignored it. He also emphasized that morphine, especially at increased doses for a child, must be administered with great caution and oversight, warning that failure to do so risks respiratory depression and death .
In closing statements, another attorney representing the the child’s family, said that while no amount of money could ease their pain, the jury’s verdict delivered recognition that Ava’s death was preventable and should not have occurred. The jury’s decision on June 11 marks the culmination of a drawn‑out legal battle that began with the Oct. 2020 tragedy.
The Children’s Hospital issued a statement offering condolences and reaffirming its commitment to appropriate patient care, but noted that it could not comment further due to privacy constraints. During the trial, the defense argued that the medications prescribed were within recommended ranges and that the child’s death was unforeseeable.
The child’s parents are suing not only for medical negligence, but for wrongful death. Their Iawsuit asserts that the signs of her deteriorating condition—abnormal vital signs, test results, and visible distress—warranted urgent inpatient care. Instead, their daughter was sent home with a prescription that overwhelmed her system .
The jury’s verdict included $20.5 million in damages, a figure meant to compensate for the child’s medical expenses, funeral costs, and the immense emotional suffering endured by the family. It also sends a message to healthcare providers about the gravity of prescribing potent medications without adequate monitoring—especially for children recovering from serious illnesses.