Seattle Children’s Hospital is facing a class-action lawsuit on behalf of families of patients who have been sickened by Aspergillus mold. (Sue Misao / Herald file)

Seattle Children’s Hospital is facing a class-action lawsuit on behalf of families of patients who have been sickened by Aspergillus mold. (Sue Misao / Herald file)

Seattle Children’s faces widening array of lawsuits over mold

An investigation found mold at the hospital, but also found no evidence of deficient practices.

  • Ryan Blethen The Seattle Times
  • Thursday, January 9, 2020 6:10am
  • Northwest

By Ryan Blethen / The Seattle Times

SEATTLE — Beth Hutt is 5 months old and has never been home since her birth in August. She was born with a heart condition and rushed from Tacoma General Hospital to Seattle Children’s, where she has undergone three surgeries, beginning when she was 5 days old.

At some point during her stay at Seattle Children’s, Beth contracted an infection in her heart from the Aspergillus mold, a recurring problem that has sickened patients at the hospital as far back as 2001.

Beth’s parents, Katie and Micah Hutt, knew about the problems Seattle Children’s was having with Aspergillus but said it was a “no-brainer to take her to Children’s.”

“We went into this situation believing that an issue had been found and it was fixed,” Katie Hutt said.

On Wednesday, attorneys pursuing a class-action lawsuit against Children’s on behalf of the families of patients who have been sickened from the mold sought to add Beth Hutt to the case.

The lawsuit, filed in December in King County Superior Court on behalf of four children or their estates, seeks class-action status for patients who were sickened by Aspergillus at Children’s between 2005 and 2017. A fifth patient was added to the complaint before Beth Hutt.

In an emailed response, Seattle Children’s didn’t answer questions about Beth Hutt.

“We are working diligently to resolve these issues, including the claims that have been brought against Seattle Children’s related to past surgical site infections,” the statement read. “We are incredibly sorry for the impact this situation has had on our patients and families.”

Beth’s second surgery was Nov. 7, three days before Children’s administrators closed three of the hospital’s operating rooms, after the hospital announced it had found two possible cases of Aspergillus infections. Children’s closed the remaining operating rooms on Nov. 13 to sanitize them and inspect the air-handling system that serves the rooms.

The state Department of Health (DOH) said Wednesday that it had finished an investigation of the hospital, which it began in November “after the hospital self-reported a case of Aspergillus to us.” The agency said it did discover mold, but found the hospital to be following the state’s rules and found no evidence of deficient practices.

Last year’s problems with Aspergillus weren’t the first for Children’s. In October 2017, inspectors with the DOH cited the hospital for a serious violation over its failure to “implement and monitor an effective infection prevention program.”

In June 2018, Children’s closed two operating rooms and an equipment-storage room for three days after Aspergillus was detected and attributed to small gaps in the walls of the operating rooms.

Children’s problems with Aspergillus came to light again on May 18 last year, forcing it to close four operating rooms for more than six weeks because of the mold.

This time, the Aspergillus was attributed to a gap in the array of air filters in an air-handling unit serving the operating rooms, prompting the hospital to shut down, clean and install new units. Hospital officials wouldn’t say Wednesday if those units were now installed.

Children’s chief executive, Dr. Jeff Sperring, has acknowledged 14 patients had been sickened by Aspergillus since 2001, six of whom died. He said the hospital had “failed” and blamed the hospital for not recognizing a connection between the infections and the air-handling units attached to its operating rooms.

One of the reasons Hutt was added to the lawsuit is because she is one of the most recent patients to be infected by the mold, which gives the complaint representation during a wider time frame, said attorney Karen Koehler, one of the lawyers handling the lawsuit.

Children’s, the region’s premier pediatric hospital, faces a series of lawsuits related to the Aspergillus infections, including a suit filed in December by the family of an 11-year-old boy claiming he was infected during surgery in March 2019, and another that alleges a 4-year-old boy needed a second brain surgery in May related to his risk for Aspergillus exposure during surgery.

Aspergillus is a common mold that most people breathe daily without getting sick, but its risk to hospital patients has been known for decades. Patients with lung disease or weakened immune systems — especially organ- or stem-cell transplant patients — are at higher risk of developing Aspergillosis. In the most serious cases, symptoms range from a fever to coughing up blood, according to the Centers for Disease Control and Prevention.

The family of another patient, a teenager who played football, filed suit in late October. That suit alleges the hospital “failed to take reasonably prudent measures to prevent Aspergillus from infecting” their son, leaving him disabled.

Despite the Hutts’ frustration and anger with the hospital’s administration and building services, they don’t hold it against the nurses and doctors who have been working with their daughter.

“We would not trade the level of care we have received for anything,” said Beth’s father, Micah Hutt.

Beth Hutt is still at Seattle Children’s and had another surgery on Jan. 2.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Northwest

Alaska Airlines aircraft sit in the airline's hangar at Seattle-Tacoma International Airport Wednesday, Jan. 10, 2024, in SeaTac, Wash. Boeing has acknowledged in a letter to Congress that it cannot find records for work done on a door panel that blew out on an Alaska Airlines flight over Oregon two months ago. Ziad Ojakli, Boeing executive vice president and chief government lobbyist, wrote to Sen. Maria Cantwell on Friday, March 8 saying, “We have looked extensively and have not found any such documentation.” (AP Photo/Lindsey Wasson)
FBI tells passengers on 737 flight they might be crime victims

Passengers received letters this week from a victim specialist from the federal agency’s Seattle office.

Skylar Meade (left) and Nicholas Umphenour.
Idaho prison gang member and accomplice caught after ambush

Pair may have killed 2 while on the run, police say. Three police officers were hospitalized with gunshot wounds after the attack at a Boise hospital.

Barbara Peraza-Garcia holds her 2-year-old daughter, Frailys, while her partner Franklin Peraza sits on their bed in their 'micro apartment' in Seattle on Monday, March 11, 2024. (AP Photo/Manuel Valdes)
Micro-apartments are back after nearly a century, as need for affordable housing soars

Boarding houses that rented single rooms to low-income, blue-collar or temporary workers were prevalent across the U.S. in the early 1900s.

Teen blamed for crash that kills woman, 3 children in Renton

Four people were hospitalized, including three with life-threatening injuries. The teenage driver said to be at fault is under guard at a hospital.

Snow is visible along the top of Mount Pilchuck from bank of the Snohomish River on Wednesday, May 10, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Washington issues statewide drought declaration, including Snohomish County

Drought is declared when there is less than 75% of normal water supply and “there is the risk of undue hardship.”

Dave Calhoun, center, on Capitol Hill in Washington, DC, on Jan. 24. (Samuel Corum / Bloomberg)
Boeing fired lobbying firm that helped it navigate 737 Max crashes

Amid congressional hearings on Boeing’s “broken safety culture,” the company has severed ties with one of D.C.’s most powerful firms.

Rosario Resort and Spa on Orcas Island (Photo provided by Empower Investing)
Orcas Island’s storied Rosario Resort finds a local owner

Founded by an Orcas Island resident, Empower Investing plans” dramatic renovations” to restore the historic resort.

People fill up various water jug and containers at the artesian well on 164th Street on Monday, April 2, 2018 in Lynnwood, Wa. (Andy Bronson / The Herald)
Washington will move to tougher limits on ‘forever chemicals’ in water

The federal EPA finalized the rules Wednesday. The state established a program targeting the hazardous chemicals in drinking water in 2021.

Everett
State: Contractor got workers off Craigslist to remove asbestos in Everett

Great North West Painting is appealing the violations and $134,500 fine levied by the state Department of Labor Industries.

Riley Wong, 7, shows his pen pal, Smudge, the picture he drew for her in addition to his letter at Pasado's Safe Haven on Friday, Feb. 19, 2021 in Monroe, Wa. (Olivia Vanni / The Herald)
Snohomish County organization rescues neglected llamas in Yakima County

Pasado’s Safe Haven planned to provide ongoing medical care and rehabilitation to four llamas in its care at its sanctuary.

Whidbey cop accused of rape quits job after internal inquiry

The report was unsparing in its allegations against John Nieder, who is set to go to trial May 6 in Skagit County Superior Court on two counts of rape in the second degree.

LA man was child rape suspect who faked his death

Coroner’s probe reveals the Los Angeles maintenance man was a Bremerton rape suspect believed to have jumped off the Tacoma Narrows Bridge.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.