Parents sue hospital for son’s death after marrow transplant

Parents Sue Hospital After Son’s Death Following Bone Marrow Transplant

In a heartbreaking medical negligence case, Rafferty Domnick Cunningham & Yaffa (RDCY) has filed a wrongful death and medical malpractice lawsuit on behalf of the family of 9‑year‑old Elijah Ferguson, who died after undergoing a bone marrow transplant at Nicklaus Children’s Hospital in Florida. The complaint, filed in the 15th Judicial Circuit Court in Palm Beach County, alleges that systemic failures by the hospital, its affiliated providers, and physicians directly contributed to Elijah’s tragic death.

According to the lawsuit, Elijah — who suffered from a mild form of sickle cell disease — was led to believe that a bone marrow transplant was his best treatment option, but the hospital’s transplant team allegedly failed to provide accurate information, obtain proper informed consent, or explore less invasive alternatives. The complaint further claims the hospital used an undisclosed clinical trial protocol without oversight from an Institutional Review Board (IRB), putting Elijah at unnecessary risk.

After the procedure in 2023, Elijah reportedly suffered from severe complications, including acute graft‑versus‑host disease (aGVHD), which occurs when donor cells attack the recipient’s body. The lawsuit alleges that his post‑transplant care was mismanaged, including failures to monitor critical medication levels, treat developing infections, and provide timely alternative therapies. These alleged oversights contributed to Elijah’s condition deteriorating, ultimately leading to his death.

The lawsuit also includes claims on behalf of Elijah’s younger sister, R.F., who served as his bone marrow donor. The complaint asserts that she endured a painful harvest procedure without proper consent and continues to suffer emotional distress believing her donation contributed to her brother’s death.

RDCY attorney Sean C. Domnick emphasizes that this case is about accountability for institutions entrusted with children’s health. The family seeks justice for Elijah’s needless suffering and hopes the lawsuit will prompt broader improvements in pediatric transplant safety, informed consent practices, and hospital transparency to prevent other families from experiencing similar tragedies.