SEATTLE — An attorney for Seattle Children’s Hospital (SCH) on Friday asked a King County Superior Court Judge to toss out a lawsuit filed by a Bothell family, accusing the hospital of health care racism.
Dr. Anapathur and Nalini Ramesh of Bothell filed the lawsuit in 2022, alleging SCH physicians didn’t treat their now deceased 16-year-old daughter, Sahana, with as much diligence as they would have if Sahana had been white. Sahana’s parents are immigrants from India.
Seattle Children's attorney argued on Friday the plaintiffs haven't properly filed a claim based on Washington's Law Against Discrimination (WLAD). The law protects all people in Washington from unfair and discriminatory practices in employment, real estate transactions, public accommodations, credit, and insurance, as well as health care whistleblower, and state employee whistleblower complaints. After hearing oral arguments at the Maleng Regional Justice Center, Judge Elizabeth Berns said she would make a ruling within the next seven days.
“That is a long time to wait,” said Sahana’s mother Nalini. “But Sahana gives me strength. She gives me strength every day. Especially in this fight, Sahana is always with me and with (our family).”
In November 2020 SCH emergency department doctors diagnosed Sahana with a rare disease known as DRESS - an acute reaction to medication. Medical records show physicians at Children’s knew DRESS syndrome was serious. They wrote in Sahana’s chart that DRESS is “potentially fatal,” and “internal involvement may involve ... myocarditis (heart failure).”
Records show Sahana was never tested for myocarditis, and she was never admitted to the hospital. Her parents say no one at Children’s ever told them about the potential for heart problems, or that their daughter could die from DRESS.
“It is sickening. If a doctor (treated her differently) on the basis of race, it is sickening,” said Sahana’s mother Nalini Ramesh.
Three months after the diagnosis Sahana collapsed and died in front of her entire family in their home. The Snohomish County Medical Examiner found the cause of death was myocarditis from DRESS.
“(Children’s) didn’t seem to care (about Sahana’s disease). They didn’t seem to care. Why? That is what I need to know. Why didn’t you care?” said Nalini.
Children’s Hospital admits problems with racism
In 2021, Children’s Hospital publicly admitted they had a problem with systemic racism. The same month Sahana was diagnosed with DRESS, and one of the top doctors at SCH, Dr. Ben Danielson, resigned in protest. He said he could no longer be associated with a “racist organization” and that racism “affected quality of care provided to Black and Brown families, resulting in diminished medical outcomes.”
Danielson’s resignation prompted the hospital to hire former U.S. Attorney General Eric Holder, now a consultant, to investigate allegations of racism at their organization. Holder’s July 2021 review found racism was a part of Seattle Children’s culture and that patients of color were treated differently.
While Seattle Children’s is an industry leader in tracking health equity metrics, it lacks the accountability, infrastructure, and culture to successfully mitigate identified racial disparities in patient treatment,” Holder wrote. “(The hospital should) issue a public statement from the CEO and Board Chair acknowledging Seattle Children’s role in enabling and perpetuating systemic racism, taking responsibility for failing to address racial disparities sooner and with greater urgency.”
In September 2021, seven months after Sahana’s death, Seattle Children’s issued a Health Equity and Anti-Racism Action Plan that laid out specific steps the organization would take for improved diversity, equity, inclusion and improved patient outcomes.
“This Action Plan marks a beginning, and there is a great deal of work for us to do to eliminate the systemic racism that exists at Seattle Children’s,” wrote CEO Dr. Jeff Sperring. “Meaningful culture change cannot happen overnight, but we promise to act with great urgency. We acknowledge Seattle Children’s had not lived up to its promise and commitment to our community.”
According to the lawsuit filed by the Ramesh family, implicit bias – “widespread racism” – played a part in Sahana’s care.
“Our clients were ignored. Their concerns were disregarded. The types of care offered our clients are just indefensible,” said plaintiff Attorney Marty McLean.
McLean said evidence shows if Sahana and her parents had been white, they would have had a better chance of getting appropriate heart tests and admission to the hospital for more intense care and monitoring.
"(We’re not saying) there is some explicit plot to engage in racism. It’s about the effect, the way implicit bias negatively affects particular groups of people. And in a hospital setting systemic racism can have devastating effects like in Sahana’s case," McLean said.
In legal filings, Seattle Children’s said the plaintiffs have not offered any direct evidence to show racism played a part in Sahana’s care. A hospital spokesperson declined to be interviewed but in a written statement in April she said they are dedicated to equity.
“Our hearts go out to any family mourning the loss of a child and we take our responsibility to provide equitable, high-quality care seriously, but cannot comment on this specific case due to pending litigation,” wrote the spokesperson.
Regardless of the ruling on the hospital’s move to dismiss the case, Nalini Ramesh, Sahana’s mother, said they will continue to pursue justice for their daughter.
“Today, we are still fighting for her. If somewhere, by some chance she’s watching, she will know that her (family) is fighting for her,” Nalini said. “She is part of this case. She wouldn’t want me to do anything otherwise. She would want me to pursue this all the way through, to fight for this, and to fight for her.”