‘You told her that her baby was dead!’

A North Carolina mother has filed a lawsuit against Novant Health Presbyterian Medical Center in Charlotte, alleging that hospital staff repeatedly gave her conflicting information about whether her newborn daughter was alive or deceased, causing her severe emotional distress.

According to the complaint, LaChunda Hunter was initially told that her newborn, Legacy, had died on Feb. 19, 2022, after experiencing breathing difficulties, jaundice, and an elevated white blood cell count. Hours earlier, hospital staff had reportedly told her the baby was responding well to antibiotics and “looking beautiful.”

The next day, Feb. 20, Hunter and several friends were taken to what she described in the complaint as a “windowless and dark” room that resembled a storage space. There, a nurse handed her a baby wrapped tightly in blankets and identified the child as Legacy. Hunter and her friends held the baby and mourned, the lawsuit states.

Hunter says she began making funeral arrangements and was grieving deeply when, on Feb. 22, she received a phone call from a physician identified in the complaint as Dr. Jay Kothadia. The doctor allegedly told her he was excited to share Legacy’s test results, describing improvements in her jaundice, white blood cell count, and breathing. He reportedly said he was “very optimistic” about the baby’s condition.

According to the lawsuit, Hunter was stunned by the call. Her assistant, who was with her at the time, reportedly shouted, “You told her that her baby was dead!” The complaint alleges that the doctor then abruptly ended the call.

Hunter says she repeatedly tried to contact the hospital afterward. Later, she was contacted by another physician, identified as Dr. Preethi Srinivasakumar, who allegedly apologized and told Hunter that the earlier call had been made in error and that the test results belonged to a different baby. The complaint states that Hunter questioned the explanation, noting that the information shared matched Legacy’s known medical issues.

The lawsuit further alleges that when Hunter continued to seek answers, she was warned that if she came to the hospital, security would be called. Hunter claims the interaction left her confused, distressed, and uncertain about what had happened.

The complaint states that Hunter continues to struggle with anxiety, depression, post-traumatic stress, and intrusive thoughts related to the incident. She filed the lawsuit and announced the legal action at a press conference, saying she does not want any other mother to experience what she has endured.

Hunter also alleges that a DNA test she conducted on the child the hospital provided for burial was inconclusive. Novant Health reportedly told local NBC affiliate WCNC that its own testing confirmed the baby was Hunter’s.

In a statement to WCNC, a Novant Health spokesperson said, “We value the trust families place in us, and while privacy laws prevent us from commenting on individual circumstances, we take all concerns seriously. As caregivers, we guide people through profound moments of joy and loss, and we carry a deep understanding of the complexity of grief. As a result, our care teams are wholly committed to surrounding all families with compassionate care, respect, and support.”

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