Judge dismisses individual defendants in UF Health Shands wrongful death lawsuit

GAINESVILLE, Fla. (WCJB) -A judge heard arguments Thursday in a wrongful death lawsuit against UF Health Shands filed after the death of 2-year-old De’Markus Page.

The family alleges Page died in March 2024 after receiving a potassium overdose while being treated at the hospital. They say a potassium order was entered with a decimal-point error, resulting in a dose ten times higher than intended. Page had been transferred to UF Health Shands after initially being treated for low potassium levels at another hospital

Thursday’s hearing centered on whether the individual doctors and pharmacists named in the lawsuit should remain as defendants. Attorneys for UF Health argued Florida law protects state-employed health care providers from being sued individually unless a complaint includes specific facts showing they acted outside the protections of sovereign immunity.

The judge questioned whether the family’s complaint met that legal standard. The family argued the medical team missed multiple warnings before the medication was given.

The judge dismissed the claims against the individual doctors and pharmacists without prejudice, saying the complaint does not include enough specifics to overcome those legal protections.

“It’s very unusual to have individual doctors sued, so what is in your complaint — it’s past that statutory protection of immunity that they have,” said Judge David P. Kreider.

RELATED: Family files lawsuit against UF Health Shands over child death: ‘It’s been extremely difficult’

A representative for UF Health said the case should have been brought only against the institutional defendants. “Big picture, this is a claim that should have been brought only against Shands and University of Florida Board of Trustees as the employer of all these people,” the representative said.

The family’s attorney, Jordan Dulcie, said the delay in reaching this point has been frustrating. “We’ve been waiting to get these hearings set before the judge for over six months. It’s really important to move this case to get to trial — unfortunately, defense has numerous motions,” Dulcie said.

Dulcie also said the family is hopeful the hospital will acknowledge what happened. “Frankly, we’re hopeful that they acknowledge the actions that happened in this case, like they did in 2008, and become accountable to this family, so changes can be made so this doesn’t happen again,” Dulcie said.

The wrongful death lawsuit against UF Health Shands and the other institutional defendants will continue. The family has 20 days to file an amended complaint.

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