Mom sues Albany Med for 3-year-old son’s death after spending 17 hours at ER

Grieving mom sues Albany Med for toddler’s wrongful death

Micah McManus would have been five this year and starting kindergarten. He doesn't get to do that after he suffered a pulminary embolism after being at the ER for 17 hours. And this wasn't the first visit.

A grieving mother is urging Gov. Kathy Hochul to do the right thing: sign a bill that she says would help families, just like hers, receive the compensation they deserve for a wrongful death.

“I won’t ever get my son back and I don’t wish that on anyone … I hope his story can bring some awareness to what can happen,” Keri-Sue McManus said.

The Columbia County mom is suing the Albany Med Health System and its partners after she said her three-year-old son died in their care after visiting its doctor’s offices and pediatric emergency room a handful of times.

“I knew something was wrong and no one listened.”

Keri-Sue said her little boy Micah’s health was getting worse in November 2022 after contracting COVID the month before. His symptoms weren’t going away.

After several trips to Micah’s pediatrician, Keri-Sue decided it was time to go to the ER.

She said she rarely saw the same doctor twice.

“The day he died, I was there 17 hours. I saw several different people. They hadn’t met me before. I wasn’t in communication with someone, that I felt was in our corner to treat and heal my son.”

Micah died of a pulmonary embolism on his third trip to the ER.

Even before his death, Keri-Sue knew she would hold the hospital accountable. It’s why she filed a 116-page lawsuit for medical malpractice and wrongful death. The McManus family is represented by Joe Ciaccio at Napoli Shkolnik.

Keri-Sue said this is not just for her, but all the other families whose loved ones never got a fighting chance.

“If I could create a sense of accountability where they could examine what they did wrong, I would like that to not happen to anybody else.”

Keri-Sue is strongly advocating for Hochul to sign the Grieving Families Act. This reform expands on who can file wrongful death lawsuits on behalf of their loved one, and what damages a person or family can sue for. This includes grief, anguish and loss of love.

It’s the third consecutive year the New York legislature has passed the bill. Both prior versions suffered a veto.

Albany Med said it could not comment on active lawsuits, but the hospital did express how it’s the region’s only level-one pediatric trauma center.

A statement reads: “While there are multiple factors to consider when looking at the duration of patient visits, we are doing everything we can — from every angle — to ensure everyone has access to the care they need when they need it.”

The Times Union was the first to report this story.