Family sues Albany Med for death of toddler

ALBANY (NEWS10) - In November 2022, Keri-Sue McManus rushed her 3-year-old son, Micah, to the pediatric emergency room at Albany Medical Center Hospital. She recalls a chaotic and overwhelmed ER, where staff appeared to be stretched thin.

“They didn’t have enough people,” McManus said. “They were all hands on deck, and they didn’t have enough help.”

For weeks, McManus says she pleaded with doctors and nurses to take her son’s symptoms seriously. However, she claims they dismissed her concerns, attributing Micah’s condition to the stress of being in a hospital. Seventeen hours later, Micah died from a pulmonary embolism—a blood clot in the lungs.

“I tried so hard to advocate for him, but they didn’t listen,” McManus said, reflecting on the tragic outcome.

Now, McManus and her husband have filed a lawsuit against Albany Medical Center, alleging medical malpractice and wrongful death. Their legal team, led by attorney Joe Ciaccio, argues that current New York State law inadequately compensates families like the McManuses for their emotional pain and suffering.

“The Grieving Families Act would allow families to sue for damages beyond just financial losses,” said Ciaccio. “As it stands, New York is one of the few states that still places little value on the life of a child who wasn’t yet contributing economically.”

The Grieving Families Act, which would enable families to seek damages for emotional pain in wrongful death cases, has been sent to Governor Kathy Hochul’s desk for the third year in a row. Advocates, including McManus, believe it could bring about long-overdue change.

“I promised my son I would always take care of him,” McManus said. “This act would help families like ours seek justice.”

Albany Med has declined to comment on the pending lawsuit, but in a statement, the hospital emphasized its commitment to providing access to care, stating, “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.”