honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Updated at 10:28 p.m., Monday, September 8, 2008

Parents sue government over baby's death after airport confinement

Advertiser Staff

Hawaii news photo - The Honolulu Advertiser

Attorney Rick Fried Jr., left, and the infant's mother Luaiopu Futi, right, with translator Simamao Nofoa, center, at a February news conference.

DEBORAH BOOKER | The Honolulu Advertiser

spacer spacer
Hawaii news photo - The Honolulu Advertiser

Michael Tony Futi, 14-day-old infant who died in February.

Advertiser archive photo

spacer spacer

The parents of a baby boy who died here in February sued the federal government today, alleging that Customs and Border Patrol personnel at Honolulu International Airport caused the infant's death by "carelessly and negligently" delaying his entry into the country.

The suit was filed by Luaiopu and Tony Futi, parents of Michael Tony Futi, the 14-day-old infant who died Feb. 8 after arriving from American Samoa for pre-arranged emergency treatment at Kapiolani Children's Hospital.

The suit closely tracked allegations first made against the government shortly after the child's death by private attorney Rick Fried.

Michael Futi was diagnosed with a heart murmur shortly after birth and medical personnel in American Samoa arranged for his "urgent" treatment at Kapiolani Hospital, the suit said.

Luaiopu Futi, his mother, received an emergency visa waiver from Customs Border Patrol before leaving American Samoa with her child. They were accompanied by a registered nurse, Arizona Veavea, the suit said.

On arrival, they were detained in a locked room at the airport, despite protesting that the child "urgently needed to get to the hospital," the suit alleged.

The baby went into medical distress while the adults and another passenger in the detention area pounded on the door "screaming desperately for help," the suit said.

When emergency medical personnel arrived, the baby was taken to Kaiser Hospital where he was pronounced dead.

The lawsuit seeks an unspecified amount of damages from the government.

James Kosciuk, spokesman for the U.S. Customs and Border Protection office in Honolulu, could not be reached for comment on the suit yesterday afternoon.

He has previously declined to discuss the incident, citing potential litigation.