Anika v. Yale New Haven Hosp.

• Court: Connecticut Superior Court
• Writing for the Court: GOODROW, J.
• Docket Number: NNH-CV21-6110213S
• Decision Date: 12 December 2025
• Citation: Anika v. Yale New Haven Hosp., NNH-CV21-6110213S (Conn. Super. Dec 12, 2025)
• Parties: ANIKA, HUNTE, ADMINISTRATOR FOR THE ESTATE OF ARIES-REIGN PETERSON, ET AL. v. YALE NEW HAVEN HOSPITAL, INC., ET AL.

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ANIKA, HUNTE, ADMINISTRATOR FOR THE ESTATE OF ARIES-REIGN PETERSON, ET AL. v. YALE NEW HAVEN HOSPITAL, INC., ET AL.

No. NNH-CV21-6110213S

Superior Court of Connecticut, Judicial District of New Haven, New Haven

December 12, 2025

TRIAL MEMORANDUM OF DECISION

GOODROW, J.

I. Procedural History:

This case comes before the court after a court trial. The trial was held on May 12, May 13, May 14, May 15, May 16, May 19, May 20 and May 21, 2025. The parties were represented by counsel at the trial. Plaintiff's Post-Trial Brief (#245) was filed on July 15, 2025. Defendant's Post-Trial Memo (#247) and Proposed Facts (#246) were filed on August 29, 2025. Plaintiff's Reply Brief (#248) was filed on 9/15/2025. Defendant's Response to Plaintiffs Reply Brief (#249) was filed on 9/26/2025. Plaintiff's Sur-Reply Brief to Defendant's Reply Brief (#250) was filed on 10/14/2025.

The operative complaint is the Amended Complaint filed on 3/17/2021 (#107). The operative answers are the Amended Answers (#108 and #109) filed on 4/16/2021. The plaintiff withdrew on the record Counts Five and Six alleging medical malpractice. Counts Seven through Ten alleged loss of consortium but were ultimately withdrawn by the plaintiff. The court denied the defendants' Motion for Summary Judgment regarding the loss of consortium claim (Order #149.20). See Memorandum of Decision (#149.50).

The plaintiff subsequently withdrew Counts Seven through Ten in light of the Connecticut Supreme Court's decision in L.L. v. Newell Brands (released 2/11 /2025); see order #195 and Withdrawal #198.

II. Facts:

As the factfinder in a court trial, the court is free to believe some, all, or none of the evidence and testimony of the witnesses. "[I]t is well settled that [t]he weight to be given the evidence and the credibility of the witnesses are within the sole province of the trial court. . . . [T]he trial judge ... is free to accept or reject, in whole or in part, the testimony offered by either party. . . (Internal quotation marks and citations omitted.) Commissioner cf Transportation v. ACP, LLC, 221 Conn.App. 708, 722 (2023). The court has considered all of the evidence presented at trial, the exhibits and testimony of the witnesses, the stipulations of the parties, the briefs and arguments of counsel and the applicable law. The court's factual findings are made by a preponderance of the evidence. The court finds generally more credible the testimony of the plaintiffs and their witnesses, than the testimony of the defendants, and their witnesses. Based on the reasons articulated herein, the court finds that the plaintiffs have proven by a preponderance of the evidence that the defendants failed to obtain any consent and failed to obtain informed consent regarding the use of cow-based fortifier and cow-based formula, and that the plaintiff, Estate of Aries Reign-Peterson, suffered damages as a result of the defendants' failure to obtain consent and informed consent.

The plaintiffs, Anika Hunte and Dane Peterson, are the parents of Aries Reign-Petersen. Ms. Hunte is also a plaintiff in her capacity as the Administrator of the Estate of Aries. This case involves the death of Aries-Reign Peterson. Aries was born prematurely on January 30, 2018 with an extremely low birth rate, about half the size for his gestational age. His gestational age was 27 weeks 4 days, and he weighed 620 grams. Ms. Hunte was not taking any medications which would affect Aries' health.

Yale New Haven Hospital is a Level 4 NICU; it treats all aspects of surgery and life support for infants. It is the highest level NICU and cares for the sickest patients. An infant born at 27 weeks and 4 days is expected to weigh approximately 1,000 grams. Upon birth, Aries was transferred to the neonatal intensive care unit (NICU) of defendant, Yale-New Haven Hospital, due to his prematurity and need for respiratory and nutritional support. Aries also had severe abdominal issues, including vomiting, distention, bowel loops, abnormal films and he failed to pass stool. One or both of the parents were at the hospital daily from the time of Aries' birth to the time of Aries' death. The parents wanted to be involved in all treatment decisions and communicated their desire to the defendants.

Dr. Mark Mercurio, an expert in the field of neonatal-perinatal medicine, was one of Aries' treating physicians in the NICU at Yale. Dr. Mercurio treated Aries from February 5, 2018 through February 11, 2018, and from February 19, 2018 to February 25, 2018. As of February 25, 2018, Aries was receiving a diet of 50% Care30 (bovine-based formula) and a mixture of mother's own milk with bovine-based fortifier. No consent was obtained from the parents to feed Aries bovine-based products. Informed consent was not obtained from the parents to feed Aries bovine-based products. Dr. Mercurio, during his trial testimony, testified credibly that he had no memory of Aries, of treating Aries or of Aries' parents, and the court so finds.

Arie's nutrition regimen varied, depending on a number of factors regarding the severity and/or improvement in his medical issues. At times, he received nothing by mouth ("NPO") and received total parenteral nutrition ("TPN") through intravenous feedings. Aries was monitored regularly, including for weight, bowel obstructions, nutrition tolerance, stomach distension, gas patterns, stools and bowel loops. Pediatric surgery was consulted and, at various times, advised the treating physicians about the course of nutrition and treatment.

Due to abdominal issues, it was difficult for Aries to tolerate food. He showed signs of feeding intolerance, such as vomiting (emesis), abdominal distension and distress. In the first days of life, Aries received TPN for nutrition and swabs of mother's colostrum (early breastmilk). Between his birth and February 6, 2018, he continued to receive TPN and was showing signs of abdominal distension and bowel obstruction. TPN is not a long-term option for nutrition because it has other health risks, such as toxicity to the liver. On the evening of February 7, 2018, Aries began enteral feeds, which resulted in vomiting. He continued to receive TPN.

On February 9, 2018, continuous feeds were increased but later stopped due to vomiting. An X-Ray on February 10, 2018 showed a nonspecific gas pattern with air in the small and large bowel that appeared less dilated compared to the most recent study. During this time period, multiple X-Rays showed abdominal issues and, again, pediatric surgery was consulted. Aries was growing well on TPN, but his growth declined when he was transitioned to mother's own milk unfortified.

On February 12, 2018, surgery recommended that feeds be started at a low rate because Aries had bowel movements. Feeds began on February 14, 2018 and no vomiting occurred. Feeds continued (with TPN) and Aries' weight increased. On February 13, 2018, Aries was fed nothing by mouth (NPO) because of vomiting from continuous feeds. Often when the defendants attempted to advance the feeds, Aries vomited or showed signs of abdominal distension or an abnormal X-ray. When fed enterally-i.e., through the gastrointestinal system-Aries was always fed mother's own milk.

On February 19, 2018, Aries was tolerating slow feeds and produced stools. His weight was 920 grams. TPN was discontinued on February 19, 2018. Between February 19, 2018 and February 21, 2018, Aries lost weight, from 920 grams to 870 grams. The weight loss occurred when Aries received mother's own milk unfortified. His weight went from the fourth percentile to the second percentile. He was diagnosed with nutritional risk on February 20, 2018.

Once TPN was discontinued, Aries experienced hypoglycemia and low BUN (blood urea nitrogen) levels, which concerned Dr. Mercurio. On February 22, 2018, the defendants decided to fortify mother's milk with a bovine-based fortifier. The defendants did not discuss this decision with Aries' parents, nor did they discuss risks or alternatives. Dr. Mercurio was concerned that inadequate growth could impact organ and brain development so decided to add "human milk fortifier" to mother's breast milk. "Human milk fortifier" is a cow-based product and is not made from human milk, as the name implies. Neither parent was told that a bovine-based fortifier would be used. Both parents believed that a fortifier was a form of thickening agent for mother's milk. The risk of Aries developing NEC from the use of bovine-based products was never discussed with the parents. The defendants did not discuss with the parents the risks and benefits of the use of bovine-based products. Although Aries' parents wanted only mother's own milk to be fed to Aries, the defendants did not opt to increase Aries' in-take of mother's own milk or pursue another alternative.

On February 22, 2018, Aries received enteral feeds and fortification to 22 calories. Aries was fed breastmilk with Similac human milk fortifier (to 22 calories). Calories increased to 24 on February 23, 2018 using mother's milk and cow-based fortifier; Aries' weight was 850 grams. Calories were increased to 27 on February 25, 2018. At this point in time, the proportion of Aries' mother's own milk fed to Aries was slightly under half by volume, however, Aries ultimately received a diet of more than 50% bovine-based products.

Aries experienced respiratory distress, distended stomach and lethargy during the evening of February 25, 2018 to the early morning of February 26, 2018. Feeds were stopped, he was put back on NPO and given antibiotics. An abdominal X-Ray raised a concern for NEC, showing bowel loops, gas in the abdomen and portal venous gas. Aries' medical condition worsened during the day on February 26, 2018 and the development of NEC...