Indian American woman filed lawsuit at the birth of her son 12 years ago, now another after his death
Nadia Heerah’s son died on April 8th.
By Deepak Chitnis
WASHINGTON, DC: An Indian American woman, Nadia Heerah, is suing New York City’s government for causing her severe emotional trauma after sending her late son’s body for an autopsy to the same hospital that botched the boy’s delivery 12 years ago.
Heerah’s son, Nicholas, passed away on April 8 from complications stemming from cerebral palsy. According to a report by the New York Post, Heerah had planned to hold a wake for her son at a local funeral home, and then have his body cremated, as per Hindu customs. But instead, alleges Heerah, the boy’s body was taken mere hours before the wake, by officials from the city’s Medical Examiner’s Office, who insisted on conducting on autopsy even though one was not necessary.
And, of all the hospitals to take the boy’s body to, they took him to Queens General, the one he was originally born in. The hospital is a traumatic location for Heerah and the boy’s family. Nicholas was born naturally despite indications that he was suffering from a lack of oxygen inside the mother’s womb, called hypoxia. Heerah sued the hospital at the time, alleging that a Cesarean section operation would have allowed him access to oxygen earlier, and led to him being a healthier child overall. That lawsuit awarded Heerah $3 million.
Now, in the aftermath of her son’s death from cardiac arrest, Heerah found herself back at Queens General, fighting to get her late son’s body back so he could be given a proper wake and cremation. Heerah and her lawyer claim that the hospital in which Nicholas died, Jamaica Hospital, cleared the boy’s body from the funeral home and said that Heerah (there’s no word of a father or husband) could begin making arrangements for the boy’s last rites – but then took the boy’s body back, in the midst of grieving, for no reason.
Jamaica Hospital is not named in the suit, just the Medical Examiner’s Office. The coroner’s office has also apologized for the incident, saying that an autopsy was truly not needed, and that this was an unfortunate mix-up. But a spokeswoman for the Medical Examiner’s Office has said that the boy’s death certificate was not complete at the time of his body’s dismissal from Jamaica Hospital, meaning that the Office was well within its rights to claim the boy’s body back.
Heerah’s attorney, Robert Vilensky, will file a claim with the city by the end of the week, says the report. There is no word yet on how much restitution Heerah is seeking from the lawsuit.