Rafferty Domnick Cunningham & Yaffa Files Lawsuit Against Nicklaus Children's Hospital Alleging Negligence in Bone Marrow Transplant That Led to 9-Year-Old's Death

PALM BEACH COUNTY, Fla., Nov. 6, 2025 /PRNewswire/ -- Rafferty Domnick Cunningham & Yaffa (RDCY) has filed a wrongful death and medical negligence lawsuit against Nicklaus Children's Hospital, KIDZ Medical Services, its parent organization, and affiliated physicians, alleging systemic failures that led to the death of 9-year-old Elijah Ferguson following a bone marrow transplant in 2023.

The complaint, filed in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, (Case Number: 50-2025-CA-011454-XXXX-MB) alleges that the hospital's Bone Marrow Transplant (BMT) program performed an unnecessary and improperly managed transplant on Elijah, who suffered from a mild form of sickle cell disease. The lawsuit further alleges that the hospital used an undisclosed clinical trial protocol without Institutional Review Board (IRB) oversight or parental consent and that failures in post-transplant care, including mismanagement of Elijah's acute graft-versus-host disease, directly led to his death.

The suit also brings claims on behalf of Elijah's younger sister, R.F., who served as the bone marrow donor. The complaint alleges that R.F. underwent a painful harvest procedure without proper informed consent and has since suffered severe emotional distress from believing her donation contributed to her brother's death.

"This case is about accountability for a hospital that failed to protect the very children entrusted to its care," said Sean C. Domnick, lead attorney for the Ferguson family. "Elijah's parents placed their trust in Nicklaus Children's Hospital to guide them through an extraordinarily complex medical decision. Instead, they were misled, denied full information, and ultimately watched their son suffer and die from complications that should never have happened."

In addition to the legal allegations, Elijah's parents raised serious concerns about transparency, patient safety, and infection control at Nicklaus Children's Hospital. During Elijah's treatment, he was exposed to multiple healthcare-associated infections, including Clostridioides difficile (C. diff) and a multidrug-resistant Central Line Associated Bloodstream Infection (CLABSI) caused by Pseudomonas aeruginosa. The parents believe there is an urgent need for intervention from the Florida Department of Health to address these systemic issues.

The complaint asserts multiple causes of action, including wrongful death, negligent credentialing, violations of Florida Statute §766.110, and emotional distress claims, as well as counts alleging failure to transfer Elijah for specialized care and use of clinical protocols without oversight.  

RDCY medical malpractice attorney, Nicole Kruegel, who is also representing the Ferguson family, commented that "Elijah's death was not just the result of medical negligence it was the product of a business model that prioritized profit over patient safety. Nicklaus Children's Hospital promoted high-risk, high-revenue bone marrow transplants to children who didn't need them. This lawsuit seeks to expose that practice and make sure no family ever pays the price for a hospital's bottom line."

RDCY represents the Ferguson family in their effort to seek justice, accountability, and meaningful change in pediatric transplant safety and informed consent standards statewide.

About Rafferty Domnick Cunningham & Yaffa

Rafferty Domnick Cunningham & Yaffa  is a leading Florida law firm dedicated to advocating for victims of mass torts, medical malpractice and corporate negligence. With a track record of holding powerful institutions accountable, the firm fights for justice on behalf of individuals and families affected by preventable harm.

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Rafferty Domnick Cunningham & Yaffa
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SOURCE Rafferty Domnick Cunningham & Yaffa