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Medical Malpractice, Hospital Malpractice, Professional Negligence

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Medical Malpractice, Hospital Malpractice, Professional Negligence

A doctor and the parents of a 4-year-old face charges after the child died of a drug overdose

Blame for the death of a 4-year-old Hull, Mass. girl either will be laid at the hands of a Boston-area psychiatrist or the child’s parents.

The doctor is being sued for medical malpractice after her prescription-drug regimen turned a 4-year-old girl into a “zombie,” according to an attorney for the plaintiffs.

Andrew Meyer is representing the parents of Rebecca Riley, who claim Dr. Kayoko Kifuji is to blame for over-medicating their daughter who suffered from bipolar disorder, according to the Boston Globe.

But a trial date is pending for Michael and Carolyn Riley, who are jailed without bail after being charged with first-degree murder in intentionally overmedicating their daughter. A judge later reduced their charges to second-degree murder, ruling there was insufficient evidence to prove Rebecca’s death was premeditated. Prosecutors are appealing that ruling to the state appeals court.

Those same prosecutors allege the Rileys overmedicated Rebecca and falsely claimed their daughter was mentally unstable so she would qualify for Social Security disability benefits. Carolyn Riley's brother -- living with her at the time – said his niece was ill for days prior to her death. He told investigators he pleaded with his sister to take Rebecca to the emergency room, but they refused.

Kifuji told police she was "shocked and very concerned" in October 2005 when the mother informed her she gradually increased Rebecca's nighttime dose of Clonidine. Kifuji warned her not to do so again because increasing the dosage could be fatal, according to an affidavit.

Six weeks before Rebecca’s death, a nurse at the child’s preschool in Weymouth, Mass. said she resembled a “floppy doll” because she was too fatigued to participate in school recreational activities.

"This child was subject to mostly telephone prescriptions and a slipshod diagnosis," said Meyer, who represents the Riley estate and who filed suit against the doctor in Suffolk Superior Court. “They made her a 4-year-old zombie," added Meyer, whose firm specializes in medical malpractice cases. "We don't believe that she did suffer from bipolar or that this was the appropriate medication."

The suit seeks unspecified damages for the wrongful death and pain and suffering Rebecca endured and the loss suffered by her brother and sister, who are in foster care and were named beneficiaries of Rebecca’s estate, said the Globe.

Kifuji remains on the administrative staff at Tufts Medical Center. She agreed not to practice medicine until an investigation is completed by the Massachusetts Board of Registration in Medicine.

Tufts Medical Center officials said, "We have not received any official notification of a lawsuit. We remain in support of Dr. Kifuji and the care she provided."

The Globe reported when Kifuji diagnosed Rebecca with bipolar disorder and attention deficit and hyperactivity disorder (ADHD), she prescribed Clonidine, a medication used to treat high blood pressure but one also used to calm aggressive children. The doctor also prescribed Seroquel, an antipsychotic drug, and Depakote, an anti-seizure drug, according to court records. Court records specified Rebecca died from an overdose of prescription drugs. The court also said the amount of Clonidine in her system was “fatal.” The Food and Drug Administration has approved Clonidine and Depakote for treating adults only.