Parents sue hospital after premature baby’s neck fatally broken: Lawsuit
Gianna Lopera
(ORLANDO, Fla.) — The parents of a newborn who died months after birth are suing a Florida hospital, alleging a worker broke the baby’s neck, ultimately killing her, according to the lawsuit.
The infant, Jahxy Peets, was born prematurely at 24 weeks in June 2022 at the Orlando Health Winnie Palmer Hospital for Women & Babies, according to the family’s lawsuit. Immediately following her birth, she was admitted to the neonatal intensive care unit and intubated.
About two weeks later, the baby was found to have a broken neck, according to the lawsuit. The spinal cord injury led to her being paralyzed and unable to breathe on her own, the lawsuit alleges. She died of her injuries in November 2022.
The lawsuit alleges a hospital worker broke Jahxy’s neck, injuring her spinal cord, “and then put her back in the incubator without notifying anyone.”
“This type of spinal cord injury could not occur without the use of excessive force when handling a newborn,” the lawsuit states. “There is no note in the medical record documenting the excessive-force event which caused this traumatic injury, and no indication in the medical record that an investigation was performed to identify and bring to justice the individual who caused this devastating injury.”
The injury “was either not recognized or was not reported,” making it appear “that an attempt to cover up the cause of Jahxy’s injury was made,” the lawsuit alleges. Her parents, Gianna Lopera and Jamiah Peets, said they were not informed of the event.
Lopera said at a press conference Monday they “deserve answers” about what happened to Jahxy.
“Every parent whose baby is born at Winnie Palmer deserves to know what happened to Jahxy,” Lopera said. “By covering it up, they are leaving room for it to happen again.”
Lopera spoke through tears about what the loss of her daughter has meant to her and her family.
“I never got a chance to hear my daughter cry. She never got a chance to meet her siblings or her family. We never celebrated a single milestone. We only held her four times in her entire life,” she said.
In a statement to ABC News, a spokesperson for the hospital said they “will not address specific medical cases publicly but will share that the delivery of care to extremely premature babies is complex and emotional work for parents, doctors, and nurses.”
“We offer our deepest sympathies to this family, and to any family who suffers the loss of a child, but also believe those who provide care in this environment should be judged on facts, not speculation. We look forward to discussing the facts of this case in the appropriate forum,” the spokesperson said.
(LOS ANGELES) — Lyle and Erik Menendez may become free men after spending decades behind bars for killing their parents.
Here’s a look at life in prison for the notorious brothers and three paths to potential freedom:
The case
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted to buying shotguns and firing 16 rounds at Jose and Kitty Menendez inside the family’s Beverly Hills home in 1989.
Prosecutors alleged they killed their wealthy parents for money, but the defense argued they acted in self-defense after enduring years of sexual abuse by their father.
The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — Lyle and Erik Menendez were convicted and both sentenced to two consecutive terms of life without parole.
Life in prison
Nery Ynclan, an ABC News freelance producer and an executive producer of “Menendez + Menudo: Boys Betrayed,” has visited Lyle Menendez multiple times at the Richard J. Donovan Correctional Facility in San Diego.
She stressed that Lyle and Erik Menendez have spent their decades in prison rehabilitating themselves, as well as helping other inmates.
“[Lyle] and his brother spent their whole adult lives trying to counsel other victims of sexual abuse and start programs at the prison,” she said. “Even though they had no chance of parole, they really felt that the prison system could be improved.”
Erik Menendez has provided hospice care to inmates, their attorney said, while for the last 20 years, Lyle Menendez’s fellow inmates have elected him as their representative with the prison administration, Ynclan said.
“He’s like a soft-spoken CEO who is very busy with multiple projects,” Ynclan said of Lyle.
“He wants to talk about prison reform,” Ynclan said. “He would talk to me about the college courses he was taking. … I was really impressed that someone in their early 50s, in prison without any chance of parole … would want to take calculus and statistics to continue bettering themselves.”
With freedom now a possibility, Ynclan described this as an “emotional and tense time” for Lyle Menendez.
“For the first time in decades, he actually feels like there’s a glimmer of hope that the two of them might get home to their families one day,” Ynclan said.
Path 1: Habeas corpus petition
One track to freedom is the brothers’ habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from Roy Rosselló, a former member of the boy band Menudo, who revealed in the 2023 docuseries “Menendez + Menudo: Boys Betrayed” that he was raped by music executive Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.
Through this petition, the court could change their convictions. The next hearing is set for Nov. 25.
Path 2: Resentencing recommendation goes before judge, parole board
A second path is through resentencing.
Los Angeles County District Attorney George Gascón announced in an Oct. 25 court filing that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.
Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.
The DA’s office said its resentencing recommendations take into account factors including the defendants’ ages, psychological trauma or physical abuse that contributed to carrying out the crime and their rehabilitation in prison.
“We appreciate what they did while they were in prison,” Gascón said at a news conference. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”
Gascón’s recommendation next goes in front of a Los Angeles Superior Court judge who will weigh factors including the crime, the brothers’ records while incarcerated and the positive impact they’ve had in prison, ABC News legal contributor Brian Buckmire said.
The judge will also review facts that were not available at the time of the brothers’ 1996 conviction, Buckmire said.
The judge might also consider “the science of young boys and young men being sexually assaulted,” Buckmire said. “How they respond, how they react to that abuse, and how that might not have been information that was readily available at the time of sentencing that could’ve changed the sentence.”
A hearing is set for December. If the judge agrees to resentencing, the case next goes to the parole board.
Even though the judge would have already evaluated the facts and factors, “the parole board is going to do their own investigation,” Buckmire said.
The brothers and their relatives will also get the opportunity to address the parole board, Buckmire said. In this case, the relatives are not just the family of the perpetrators, but also the family of the victims, “so they have their own rights based on both capacities,” Buckmire said.
One relative, their uncle, Milton Andersen, wants the brothers to stay behind bars, stating that he doesn’t believe they were abused and instead killed their parents out of greed.
“They are survivors and deserve a chance to rebuild their lives,” their cousin, Brian Andersen Jr., told reporters in October. “They’re no longer a threat to society.”
“If they were to come to my house, knock on my door, I would answer that door, I would welcome them in with huge hugs, my wife would make them a dinner and I’d give them a pillow and a place to sleep,” Andersen said.
A hearing before the parole board would likely take at least six months to schedule, according to the California Department of Corrections.
If the parole board recommends release, the final decision then goes to California Gov. Gavin Newsom, Buckmire said.
If released on parole, the brothers would be subjected to monitoring and check-ins, Buckmire said. Parole often comes with conditions like maintaining a job and avoiding drugs, he said.
The district attorney announced days later that he supports the brothers’ bid for clemency, which would commute their sentence or grant a pardon.
Newsom is first eligible to weigh in on the clemency application on Nov. 7. The governor’s office said this is a confidential process, Newsom is not required to review the application and there is no timeline for the review.
If the governor approves clemency, the case would still likely go before the parole board.
The governor’s office intends to treat this application “like any other case,” an official at the office said. “Nobody is getting special treatment.”
ABC News’ Matt Gutman and Ashley Riegle contributed to this report.
In this photo released by the Raleigh Police Department, a thank-you present of pineapple-shaped cookies delivered to the Wake County Board of Elections is shown that prompted a hazmat response on Oct. 29, 2024, after election workers raised concerns about a suspicious package mailed from Hawaii. Image via Raleigh Police Department
( Raleigh, N.C. ) — No good deed goes unpunished for election workers in North Carolina.
A thank-you present of pineapple-shaped cookies delivered to the Wake County Board of Elections prompted a hazmat response on Tuesday after election workers raised concerns about a suspicious package mailed from Hawaii.
“We are just on high alert with these things automatically,” Wake County elections specialist Danner McCulloh told ABC News, who cited recent incidents of suspicious packages containing powder sent to election offices across the country.
The Raleigh Police and Fire Departments quickly responded to the incident — which was treated as a hazmat situation — and bomb technicians X-rayed the package, according to Lt. Jason Borneo of the Raleigh Police Department.
After the package was deemed to not be a threat, officials opened the package to learn it was full of pineapple-shaped cookies from the Honolulu Cookie Company. The package, which was mailed from a Hawaii address, also included a handwritten thank-you note, according to a Raleigh Fire Department spokesperson.
The operations at Wake County Board of Elections were not impacted during the incident, a county spokesperson said. According to McCulloh, a person who heard a radio story about Wake County decided to send the cookies unannounced to thank election workers.
“It was a kind gesture,” McCulloh said, though he recommended against others sending cookies to his office.
The Pentagon on Tuesday granted honorable discharges to more than 800 veterans who were separated from the U.S. military because of their sexual orientation during the “Don’t Ask, Don’t Tell” policy, which was in effect from February 1994 to September 2011.
More than 13,000 service members were kicked out under the policy, close to 2,000 of whom received less than fully honorable discharges, according to Christa Specht, head of legal policy at the DOD’s Office of the Undersecretary of Defense for Personnel and Readiness. After 2011, most of those who filed appeals were upgraded, but others might not have been aware this was an option.
Last year, the Defense Department began a proactive review of the remaining cases. The Pentagon announced Tuesday that its review has led to an upgrade for more than 800 veterans, without them having to appeal. This could affect the benefits they have access to.
“After a year of exceptional work, the Military Department Review Boards directed relief in 96.8% of the 851 cases that they proactively reviewed. What this means is that of the nearly 13,500 individuals who were administratively separated under Don’t Ask, Don’t Tell policy, and served long enough to receive a merit-based characterization of service, 96% now have an honorable discharge,” Defense Secretary Lloyd Austin said in a statement.
The vast majority of those separated under the policy now have honorable discharges, according to Austin.
DADT was signed into law in 1993 under the administration of then-President Bill Clinton. In December 2010, then-President Barack Obama signed into law a repeal of the policy. It took effect in 2011.
