Parents file medical malpractice suit against Columbia St. Mary's, Sixteenth Street Clinic

The parents of a newborn who died at Ascension Columbia St. Mary's hospital a day after her birth have filed a medical malpractice suit against the hospital, medical staff members, insurance companies and the Sixteenth Street Community Health Centers, where the mother received prenatal care.

Justin Johnson and Karen Ramirez say their daughter, Amillianna Ramirez-Johnson failed to receive adequate care from the time of her her birth on Sept. 18, 2021, until her death roughly 24 hours later, according to the lawsuit filed in Milwaukee County Circuit Court. The family is being represented by attorney Odalo J. Ohiku.

Amillianna died due to persistent pulmonary hypertension of the newborn, a treatable condition that affects a baby's ability to breathe and circulate blood, according to the autopsy report. It occurs in 2 out of every 1,000 live births. Treatment has evolved to the point that roughly 90% of newborns, when given proper treatment, survive, according to studies published in the National Library of Medicine .

In Amillianna's case, the condition was caused by inhaling too much meconium −a thick, tar-like substance that makes up a healthy baby's first bowel movement.

"I can truly say it is a big relief to have a chance at justice in Amillianna's death," Johnson said. "One of the worst things is feeling you've been wronged and losing a child."

In February, the Milwaukee Journal Sentinel published a series of s highlighting Amillianna's death .

The Journal Sentinel investigation included a review of medical records by medical experts suggesting Ascension Columbia St. Mary's didn't provide Amillianna with the widely accepted standard of care for a baby with persistent pulmonary hypertension caused by meconium aspiration and did not transfer her to a more specialized hospital when it became apparent their treatment wasn't working.

The investigation also found that while medical experts believed negligence contributed to the newborn's death Wisconsin's laws make it financially unfavorable for attorneys to accept medical malpractice cases because of low medical malpractice caps.

The cap for noneconomic damages is $750,000.

Amillianna's father said he had spoken with close to two dozen firms before attorney Odalo Ohiku, a former top deputy in the Milwaukee County District Attorney's Office, accepted the case. Ohiku previously served as Milwaukee's deputy city attorney and earlier this year entered into a deferred prosecution agreement in a misdemeanor case. He remains in good standing with the bar association.

In response to the investigation, Ascension Columbia St, Mary's said in a February statement that a "thorough internal review found the standard of care provided to this patient was met by the clinical team."

"The loss of any child is tragic and our hearts and prayers go out to this family," an Ascension Wisconsin spokesperson said in the February statement.

Officials with Ascension Columbia St. Mary's did not respond to a request for comment on Wednesday. Sixteenth Street Clinic Network declined to comment on the lawsuit, citing laws governing patient privacy rights.

For decades, Ascension Columbia St. Mary's Hospital had served as the maternity hospital for Sixteenth Street midwives when their patients, including Amillianna's mother, were ready to deliver.

In October, Sixteenth Street's midwives and other medical professionals switched from Columbia St. Mary's on Milwaukee' east side to Aurora Sinai Medical Center in downtown Milwaukee to deliver babies.

Dr. Julie Schuller, president and CEO of Sixteenth Street Community Health Centers, said in a statement Wednesday that the transition from Ascension and to Aurora had been several years in the making and Sixteenth Street "continues to remain good partners with Columbia St. Mary's Hospital."

Amillianna's parents told the Journal Sentinel they believed her life illustrates what experts and studies have said for years: Many infant deaths are preventable. And a disproportionate number of the babies affected are Hispanic, Black and Native American. Amillianna was all three.

"I blame them for her death," Amillianna's mother said. "They could have done better, they could have done more for her. Everybody else's babies got to go home except for mine."

Jessica Van Egeren is a general assignment reporter with the Milwaukee Journal Sentinel. She can be reached at