Temporary Closure of Henrico NICU After Fractures Found in Infants and Reports of Possible Abuse

Temporary Closure of Henrico NICU After Fractures Found in Infants and Reports of Possible AbuseMultiple infants at the Henrico Doctors’ Hospital in Henrico County, Virginia, recently suffered unexplained fractures. The shocking discovery led to the temporary closure of the facility’s neonatal care unit (NICU) as the hospital works to uncover the cause. When the story aired, one family was horrified to hear that this had happened to other babies. Their infant son had experienced a fracture at the Henrico NICU in September of 2023, and the investigation into that incident found that the injury was likely abuse.

For families, these incidents raise grave concerns over safety in neonatal units, where vulnerable newborns depend on medical providers for care. Parents entrust these facilities to provide a safe environment. When NICU providers fail to deliver competent medical care—or worse, engage in abuse—they may face legal consequences, including medical malpractice claims. At Phelan Petty Injury Lawyers, we fight for families who suffer because of medical negligence and abuse.

Three fractures in 2024 renew scrutiny of Henrico NICU

In late 2024, three reports of NICU (Neonatal Intensive Care Unit) babies with unexplained fractures caused serious concerns. Just over a year earlier, in the summer of 2023, the same NICU reported four cases of unexplained fractures in newborns. Henrico Doctors’ Hospital temporarily suspended NICU admissions while they work to find answers.

“Out of an abundance of caution, we are not admitting any additional babies into our NICU at this time,” said Henrico Doctors’ Hospital in an official statement.

At that time, the hospital noted that premature babies are at a greater risk of fractures because their bones are underdeveloped. Their statement suggested that the injuries could be accidental. However, when the story went live, parents whose infant suffered a fracture in September 2023 knew that it was time to speak out.

Shocking abuse findings at Henrico NICU

The Hackey family welcomed premature twin boys on August 25, 2023. In September, one of the NICU nurses informed the parents that their baby Noah appeared to have an injury on his leg. After X-rays confirmed a fracture, the hospital suggested it might have been an accident, perhaps resulting from an injection. Concerned, Noah’s grandmother—a veteran NICU nurse—urged the family to investigate further.

In September 2024, the Henrico County Department of Social Services (DSS) concluded that Noah’s injury resulted from Level 1 physical abuse—the most severe category of abuse in Virginia—inflicted by a NICU employee.

It wasn’t until October of this year that the family learned that other NICU babies experienced similar injuries in the summer of 2023. Having seen the story detailing the new fracture cases in the same NICU, the Hackeys felt that they needed to speak out about their experience in order to hold someone accountable.

For its part, the Henrico Doctors’ Hospital is implementing changes to hopefully prevent any additional injuries.

New NICU safety precautions

The source of the infants’ injuries remains unclear, but the hospital has announced new safety measures aimed at preventing future harm. These steps include:

  • New mandatory, supplemental in-person training for NICU caregivers
  • Head-to-toe evaluations for NICU patients performed by neonatologists
  • Training for providers to recognize and report possible instances of abuse or neglect
  • Real-time video streaming that allows parents to monitor their infants remotely
  • 24/7 surveillance, reviewed and shared with authorities
  • A two-clinician protocol requiring the presence of at least two caregivers during patient encounters

To date, investigations and video reviews by healthcare professionals have not revealed any misconduct or accidents that explain the injuries. Police investigators from the Henrico Special Victims Unit are actively involved, but no charges have been filed.

Holding hospitals and healthcare providers accountable for medical malpractice

While there are suspicions of intentional abuse, the repeated nature of these incidents suggests systemic failures at Henrico Doctors Hospital that allowed them to continue.

Families must be aware of their legal rights to seek both accountability and compensation.

To pursue a medical malpractice claim, it must be shown that:

  • The hospital and/or medical provider owed your newborn a duty of care;
  • The hospital/provider breached the duty of care;
  • These breaches in the duty of care, also called the standard of care, caused your baby’s injuries.

When our experienced lawyers file medical malpractice claims, we work with physicians who can explain how and why the hospital and other healthcare professionals should be held accountable.  Through thorough investigation and expert analysis, we will build a compelling case to hold the negligent parties accountable.

Parents have the right to expect transparency from their healthcare providers, especially when those providers are caring for vulnerable patients who cannot advocate for themselves. If you suspect your infant was injured because of negligent actions by a medical provider, it is essential to contact an attorney to understand your rights and protect your child.

A medical malpractice attorney can assist by investigating the incident, gathering evidence, and—if warranted—filing a claim. Hiring a skilled attorney means ensuring that your rights are protected and that you receive compassionate legal guidance throughout the process.

If you believe your child suffered injuries due to negligence, you need to speak to an attorney. Contact Phelan Petty today to learn more about your rights and legal options.