ORLANDO, Fla. (Gray News) – The parents of a premature baby in Florida are suing a hospital after they say someone in the NICU snapped their newborn’s neck, leading to her death, and the hospital tried to cover it up.

Mother Gianna Lopera and father Jahmiah Peets filed a lawsuit on Oct. 17 against Orlando Health Winnie Palmer Hospital for Women & Babies.

The couple said their daughter, Jahxy Peets, was born by C-section on June 12, 2022, at just 24 weeks gestation.

Jahxy was immediately admitted to the hospital’s NICU, where she was intubated.

According to the lawsuit, Jahxy had “no evidence of birth trauma” when she was born.

However, two weeks after birth, doctors were consulted due to an abnormal color of Jahxy’s upper extremities.

An MRI revealed that his neck had been torn, leading to internal bleeding.

“This type of spinal cord injury could not occur without the use of excessive force when handling a newborn,” the lawsuit states.

Jahxy’s injury left her paralyzed and unable to breathe on her own, the lawsuit states.

Jahxy died from his injuries on November 25, 2022. He was 165 days old.

“Our hearts are broken because we couldn’t protect ourselves from the hospital, the place where it should have been the safest,” her mother said. WFTV. “I didn’t get a chance to hear my daughter cry. He never got a chance to see his siblings or family. I never celebrated a single milestone. We only have to hold her four times.”

The lawsuit also alleges that the injury was either ignored or covered up by the hospital and its staff, saying there is no note in Jahxy’s medical records that an injury occurred.

“Additionally, there is no evidence that police were notified that someone with access to the Orlando Health NICU had broken Jahxy’s neck and then placed her back in the incubator without notifying anyone,” the lawsuit states.

The family was not told their daughter was injured because of the negligence of a health care provider, the lawsuit states.

Nicole Kruegel, the family’s attorney, said there was no investigation into the death because it was never reported to police.

“Someone in the NICU broke his neck and they didn’t tell anyone. There is no indication in the medical record that anyone was notified. They just left her in the incubator,” Krugel said. “There was no accountability. No criminal charges were filed, there was no investigation because it was never reported to the proper authorities.”

The parents are seeking damages and seeking a jury trial.

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