ORLANDO, Fla. (Legal Newsline) — A couple allege their newborn has suffered permanent hearing loss due to a loud HEPA air purifier used in the neonatal unit at an Orlando, Fla., hospital.
Kelly Sweeney and Christopher Sweeney, individually and as natural parents and guardians on behalf of their minor child Rowan D. Sweeney, filed a complaint Jan. 10 in Orange County Circuit Court against Orlando Health Inc., doing business as Winnie Palmer Hospital, alleging negligence and other claims.
According to the plaintiffs' complaint, on Aug. 14, 2021, Kelly Sweeney gave birth to Rowan Sweeney at the defendant's obstetrical emergency department. They allege that for approximately 12 hours after her birth, Rowan Sweeney was exposed to a loud air scrubber, which caused him to suffer hearing loss.
The plaintiffs claim the Air HEPA 500 Air Scrubber was "constantly running" in the "COVID pods" at the hospital and made a "loud humming or buzzing" sound. They further claim the air scrubbers in the patient rooms were not the result of any federal, state or local government requirement and that the machines operate at a decibel range between 63 and 73, which is over the American Academy of Pediatrics 45 decibels maximum recommendation for newborns in neonatal intensive care units.
The plaintiffs seek monetary relief of more than $50,000, interest and all other just relief. They are represented by Elizabeth Faiella, Peter Gulden, III, Rebecca Gulden of Faiella & Gulden PA in Winter Park, Florida.
Ninth Judicial Circuit Court for Orange County case number 164461918