Parents of Tommy Fitzgerald suing health-care provider

The father and mother of a former Pima Butte Elementary School student who died in August from a staph infection filed a lawsuit last month against Dignity Health, a health-care provider that owns and operates the hospital that treated their son.

According to the complaint, Izlia and Ken Fitzgerald, allege their son died as a result of negligence of the health-care professionals who treated their son, Tommy Fitzgerald, at Mercy Gilbert Medical Center.

Tommy was 12 years old. He died from a staph infection that entered his body through a wound he received while playing baseball last summer.

The defendants listed in the complaint are Dignity Health, Chandler Emergency Medical Group and four health-care professionals. Four other defendants are also named in the complaint, but are given fictitious names. The complaint states the "true names and capacities" of those defendants are not known yet by the plaintiffs, and when the true names become known, the plaintiffs will seek to amend the complaint.  

Ken Fitzgerald said he could not comment about the case.

Julie Graham, a spokeswoman for Dignity Health, also said: “We don’t comment on pending litigation.”

The complaint states those involved in treating Tommy “were negligent in providing hospital and health-care services … thereby causing his death on Aug. 5, 2013.”

“The plaintiffs have been damaged for the loss of love, affection, comfort and care of their son and for their grief, sorrow and mental suffering,” the complaints said. “In addition, plaintiffs have incurred damages for funeral expenses.”

The complaint also states Tommy received treatment from the defendants "from time to time" between July 2 and Aug. 5.

Tommy lived in Maricopa prior to moving to Gilbert in December 2012.

In December, the Maricopa City Council gave the community approval to erect a statue in a city park as a way to honor Tommy. The boy played baseball in the community.

The Gilbert National Little League, for which Tommy also played, will be naming a field at McQueen Park after Tommy. The field will be recognized as the Tommy Fitzgerald field every time the league plays at the park.

Dennis Larson, executive vice president and director of baseball operations for the league, said a dedication of the field would be done during the league’s opening ceremony March 22.  

Editor's Note: This article has been updated for clarification.