Parents file civil suit in death of Fayette infant
The parents of a premature infant who died while under the care of a visiting nurse in Fayette County have filed a civil lawsuit against the nurse and the agency that employed her.
Derek Miskanin Sr. and Montana Fisher filed the civil lawsuit in Fayette County Common Pleas Court against Pediatric Services of America and Jackie Yeagley on Jan. 16. The firm, based in Norcross, Ga., has branch offices across the country, according to its business website.
Miskanin and Fisher were the parents of 7-month-old Derek Miskanin Jr. The infant died Dec. 4, 2010, after he began to experience breathing problems while on a ventilator at his home on Bute Road.
In the civil lawsuit, Miskanin and Fisher allege Pediatric Services assigned Yeagley to care for their infant, although she allegedly lacked adequate training. The parents allege Yeagley “had almost no experience treating pediatric patients in a home setting.”
Yeagley was caring for Derek when, at 12:20 a.m., the boy's grandfather alerted Miskanin and Fisher that the infant “was in distress.” The couple ran to the crib, according to the lawsuit, where they found Yeagley standing at the crib and their son “blue and lifeless.”
Fisher began CPR and Derek was taken by ambulance to Uniontown Hospital, where he was treated for cardiac arrest but was pronounced dead, according to the lawsuit.
Miskanin and Fisher are seeking an unspecified amount in damages.
Coroner Dr. Phillip Reilly listed the cause of death on the infant‘s death certificate as failure to maintain airway control and the manner of death as accidental.
A coroner‘s jury declared the death an avoidable accident but found Yeagley of North Union negligent following an inquest on Dec. 14, 2011.
Paula A. Koczan, a Pittsburgh attorney who represents Yeagley and Pediatric Services in the civil filing, did not return a phone call seeking comment.
In addition to the civil lawsuit, Yeagley, 42, is charged by state police with child endangerment. Police said in a criminal complaint that although multiple alarms on the ventilator sounded when Derek began to experience breathing problems, Yeagley failed to act.
Yeagley faces a preliminary hearing on the misdemeanor child endangerment charge at 1:30 p.m. on March 20 before North Union District Judge Wendy Dennis.
Liz Zemba is a reporter for Trib Total Media. She can be reached at 412-601-2166 or email@example.com.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Dunbar Township woman, toddler critical after crash
- Connellsville native Stafford remembered for her generosity
- $1.2M flowing to Connellsville through partnership program
- ‘Bank at the Train Station’ to hold grand opening Saturday
- 58-acre site for proposed Fayette County jail back on market
- ‘Halloween Nights’ planned at Connellsville tech center
- Jobs are focus in 52nd District House race in Westmoreland, Fayette
- Uniontown robbery suspect admitted guilt, detective testifies
- Connellsville honors the late Ralph Wombacker
- New consignment store specializes in dance, formal wear
- Connellsville’s ‘Mr. Trombone’ loves his life in small hometown