Garcia & Artigliere Files Lawsuit Against University of California Davis Medical Center for Injecting Infant with Wrong Medication

Garcia & Artigliere filed a lawsuit against University of California Board of Regents, dba University of California Davis Medical Center Emergency Room, on behalf of Xavier Freire and his parents for negligence, medical battery and negligent hiring and supervision. The lawsuit alleges a hospital nurse wrongfully administered two shots of an inflammatory medication causing Xavier further respiratory issues and requiring hospitalization.

On March 25, 2015, infant Xavier had trouble breathing and was taken to the emergency room for evaluation. He was diagnosed with a viral infection and the emergency doctor stated there was “nothing they could do for him or give to him.” Before being discharged, a nurse administered two shots in each of Xavier’s legs per “doctor’s orders.” Two days later, Xavier was having trouble breathing again, taking 75 breaths per minute. His parents took him back to the same emergency room, where he was diagnosed with Respiratory Syncytial Virus and hospitalized from March 27 to April 1, 2015.

It was later relayed to his parents that the nurse was reprimanded for accidentally mixing up another patient’s orders and accidentally administering the inflammatory medication to Xavier.

“It was the defendant’s duty to ensure the patient was well treated and taken care of. Instead, they were nonchalant and disregarded the well-being of the patient,” says attorney Stephen Garcia. “It’s unfathomable that a prestigious medical center such as University of California Davis Medical Center could be so negligent to make a mistake of this magnitude.”