Sankey v. Children's Hospital of Alabama, Inc.

On March 24, 2026, the Sankey family filed a lawsuit against Children's Hospital of Alabama after their seven-year-old daughter, L.S., suffered catastrophic brain damage during a routine tonsillectomy due to an alleged anesthesia error and delayed postoperative response. The complaint asserted that the hospital failed to monitor oxygen saturation levels properly and did not have a board-certified pediatric anesthesiologist present, breaching the standard of care. The child required lifelong ventilatory support. The case drew attention to systemic staffing gaps in pediatric surgical units. After a two-week trial, the jury found the hospital negligent, awarding the family substantial compensatory damages for medical expenses and pain and suffering, while the hospital considered an appeal.

The jury returned a verdict in favor of the Sankey family, finding the hospital 85% liable and awarding $47.6 million in compensatory damages; the hospital announced plans to appeal, though a post-verdict settlement was under negotiation as of mid-2026.

Whether the hospital breached the duty of care by failing to ensure continuous capnography monitoring and immediate availability of a pediatric critical care team during routine surgery, and whether such breach directly caused the child’s anoxic brain injury.

The case sparked statewide reforms in Alabama requiring dedicated pediatric anesthesia protocols and real-time electronic monitoring in all children’s hospitals. It also intensified national debate over parental consent disclosures for surgical trainees’ involvement, leading to proposed “L.S. Laws” mandating transparency and minimum staffing ratios in pediatric operating rooms.