Families Surviving Medical Negligence Speak Out Against End to Pre-Death Pain and Suffering Damages; San Diego Mother Shares Her Son's Tragic Story, says Consumer Watchdog

SACRAMENTO, Calif., April 1, 2025 /PRNewswire/ -- San Diego mother Tracey Mueller Gibbs shared the heartbreaking story of her two-year-old son's death due to medical negligence and her inability to find accountability for his death in a letter to San Diego Senator Dr. Akilah Weber Piersen.

Weber Piersen will be voting in the Senate Judiciary Committee Tuesday on SB 29, which seeks to extend the right of families to recover pain and suffering compensation when their loved one dies from medical negligence. The right was added to the law 9 years after the death of Gibbs' son Rowan. Had it been in effect, Gibbs believes she could have found an attorney to take her case.

"Following the heartbreaking loss of my son, I tried to find legal representation, yet I was met with refusal at every turn," Gibbs wrote. "This painful experience ignited my passion to advocate for the reform of the medical negligence cap in 2022. I will forever carry the weight of that despairing moment when no one stepped forward to help me seek accountability for my son's death. My deepest wish is that no other mother must endure such a struggle."

Read Gibb's letter here.

Gibbs wrote, "Rowan was diagnosed with Williams syndrome, which necessitated a series of routine diagnostic tests throughout his young life. Remarkably, aside from these tests, Rowan had not required any special medical attention since he was just five days old. When his doctor ordered an outpatient CT scan to be conducted under general anesthesia, I—a concerned and informed mother—understood the inherent risks of administering anesthesia to a child with Williams syndrome. I voiced my concerns to my son's provider and requested a non-anesthetic option instead, but regrettably, my request was denied."

Rowan Gibbs approached life with the boundless wonder of a two-year-old. His mother recalled, "On the morning of Rowan's procedure, my son walked into the hospital, radiating joy as he greeted everyone he encountered. He could hardly contain his excitement. He planned on picking up his sister from school after his test and then going to see the beautiful Christmas lights at the zoo."

Despite Tracey voicing her deep concerns to her son's physician and advocating for alternative testing, her pleas went unheeded, leading to a heartbreaking tragedy. "The anesthesiologist reassured me, saying she was fully aware of the risks associated with anesthesia and had no concerns about Rowan. Yet, in a heartbeat, my world shattered. As I stood by my son's bedside, I heard his last gasp. Rowan went into cardiac arrest, due to a reaction to the anesthesia that stole him away from us. He never had the chance to experience the magic of the Christmas lights; he left this world at just two years old."

Rowan Gibbs tragically lost his life during a CT scan, leaving his mother, Tracey, heartbroken and searching for justice. In the wake of this devastating loss, she encountered numerous challenges in finding a lawyer willing to take her case, all due to the restrictive cap on pain and suffering damages in medical negligence lawsuits and the inability at the time to recover for the pain and suffering of a loved one who has died.

When no one stepped forward to help Tracey seek accountability for her son's tragic death, she transformed her heartbreak into a powerful advocacy. Joining forces with mothers from across the state, she played a role in the successful campaign to change the medical negligence cap in 2022.  

Tracey and her fellow mothers are speaking out in support of SB 29 (Laird) a permanent extension of the existing law, ensuring that grieving families retain their access to the courtroom and that future families can seek the accountability they deserve. Their voices resonate with strength and determination, calling for justice in the face of profound loss.  

The medical establishment has rallied against SB 29, despite the fact that even today with the right to collect pre-death pain and suffering survivors of medical negligence still have a difficult time finding attorneys to take their case.

Consumer Watchdog submitted a letter to the Senate Judiciary Committee in support of SB. 29, which can be found here.

SOURCE Consumer Watchdog