Family Awarded $20.5M After Child’s Cancer Battle Ends in Death
Lawsuit alleges hospital negligence led to fatal overdose of pain medication.
An 11-year-old girl, who had previously overcome cancer, tragically died following a hospital visit. The family of Ava Wilson has won a lawsuit against Advocate Children’s Hospital, claiming excessive pain medication contributed to her death.
Allegations of Improper Treatment
The family filed a lawsuit regarding the care their daughter received after achieving remission from b-lymphoblastic leukemia. During a follow-up appointment on October 29, 2020, Ava was reportedly experiencing difficulty walking and was in pain. Furthermore, lab results allegedly showed low platelet and blood cell counts, as well as elevated liver enzymes.
Despite these findings, Ava was sent home without further observation or treatment. Instead, her prescription for morphine and gabapentin was increased. This decision, according to the family’s claims, was “endorsed” by Ava’s oncologist.
“Instead of admitting Ava to the hospital to get her blood pressure, heart rate and pain levels within acceptable and normal limits, Advocate employees sent Ava home,”
—Matthew L. Williams, Trial’s Lead Attorney
The suit claims the amount of medication given to Ava was “excessive.” Two days later, on October 31, Ava died in her sleep due to lethal amounts of morphine in her system. The new dosage, 100 mg of gabapentin three times daily and 15 mg of morphine every four hours as needed, was significantly higher than her previous prescription. Her attorney noted the potential for the medications to enhance each other’s effects.
According to the Centers for Disease Control and Prevention, over 100,000 Americans died from drug overdoses in 2022 (CDC). The hospital argued Ava’s health was consistent with leukemia complications and that the medication was within the recommended range.
Legal Outcome
A forensic neuropathologist testified that the child’s death was directly caused by the medication. The jury sided with the Wilson family on June 10, awarding them $20.5 million, citing “past and future loss of society and past and future grief, sorrow and mental suffering.”
