It is a poignant, touching story, but full of dignity. That of Andréa Richard, and her companion, settled in Dijon. For three years, they have been fighting to have the medical errors of the Dijon University Hospital teams recognized, which led to the birth of their disabled son Samuel.
Nightmarish birth
Yet followed closely since the beginning of her pregnancy for a problem of type 1 diabetes, potentially dangerous for the fetus, Andrea gave birth on July 29, 2019 in emergency, in nightmarish conditions. A caesarean must be performed, and from the start, she is told that Samuel suffers from deep brain damage. She is even asked if she wishes to continue the care, because the vital prognosis of the baby is engaged.
– Andrea Richard
Samuel will finally be released from the hospital two months later, he is now a little boy “lively”a “warrior” as her mother says. But he is profoundly deaf, and must fight to catch up with significant motor delays.
Expert report highlights medical errors
Today, the young woman affirms it without detours: this situation, “It’s not the fault of the odds, the doctors had several chances to save my son, and they didn’t.” An opinion formed in the light of a report by independent experts, obtained after having seized the CCI, the conciliation and compensation commission, and produced in May 2021, in the presence of the CHU teams.
This document, 40 pages long, is unequivocal. It identifies dozens of anomalies, errors of analysis or practices, in particular on the results of examinations which should have alerted the medical teams. “The expertise reveals a 100% responsibility of the CHU, there were major shortcomings”continues Andrea Richard.
However, faced with this expertise transmitted at the beginning of 2022 to its lawyer, the CHU responds with silence. And “this silence makes me very angry”annoys the mother of Samuel. “I do not understand that we can leave a file like this which is clear, which writes black on white that the CHU has 100% responsibility, how can they leave us in silence, for several months already? I went through all the emotions, a lot of sadness, a lot of guilt at the start, and today a lot of anger.”
Winning the case, for Samuel, and for the other families
An energy that she and her companion would rather put to the exclusive benefit of their son But not before being heard. For them, for Samuel, and so that their story does not happen to others: “I also speak for other families, because we are not isolated cases. In any case, if they apply the same protocol to other pregnancies, it really needs to change.”
A financial struggle as well, because a good part of Samuel’s care is now the responsibility of the couple: “Every day we are faced with multiple costs, my son had surgery in March for a cochlear implant (to improve hearing, editor’s note)_, fortunately social security, mutual insurance and the MDPH (_Departmental House for the Disabled) also help us, but there are the various trips to Lyon for his operations, for the follow-up of his disability, these are costs that are charged to us, and then all the costs since his birth, on adjustments, etc.
Contacted by France bleu Bourgogne, the Dijon University Hospital did not wish to respond to our microphone but specified in a press release from the general management, to have “entrusted the follow-up of this file to his counsel and his insurer. Without warning, we were not aware of the lack of response vis-à-vis this family. We are naturally sorry about this and are doing everything we can to information as soon as possible for them. We are committed to ensuring that a response is provided, and invite the family to approach the legal department of the CHU for direct contact on this situation.”