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Parents File Suit After Son Mistakenly Pronounced Dead

Jaylen Dorsey (Family Photo)

Jaylen Dorsey (Family Photo)

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CHICAGO (CBS) – The parents of a disabled boy have filed suit against the Chicago hospital where he was mistakenly pronounced dead.

Jaylen Dorsey was taken to the emergency room after he was found unresponsive in his family’s home.

The boy suffers from severe brain damage and breathes with assistance from a ventilator.

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Two doctors at Mercy Hospital and Medical Center pronounced Jaylen dead at 9:52 a.m. on Feb. 18.

The child’s mother, Sheena Lane, and his father, Pink Dorsey, weren’t ready to let go. It appeared to them their son wasn’t, either.

“His eyes would pop open,” Dorsey says.

“He was still showing signs of life,” Lane says.

It was enough for them to demand more tests. And nearly five hours later, an ultrasound of his heart proved Jaylen was alive.

“You didn’t have to be a doctor to see that that heart was pumping blood,” Dorsey says.

In their suit, the parents note the movements they detected in the child. They say doctors claimed the movements were caused by medication and were involuntary.

Since the ordeal, Jaylen’s mother says the 8-year-old’s condition has deteriorated.

“He doesn’t wake up anymore,” Lane says.

The lawsuit, which targets two doctors as well as Mercy Hospital, says more tests should have been ordered sooner to confirm the Jaylen’s condition.

In a statement, the hospital said, “Mercy’s ED physicians and clinicians treated Jaylen for an extended period of time following all medical protocols in an attempt to resuscitate him. Despite extensive resuscitative efforts, Jaylen did not immediately regain a pulse and no heart activity was noted for several hours. While this is a very rare occurrence, extensive resuscitation efforts, medication and young age can result in a patient’s heart function returning spontaneously. We hope for the continued strength for Jaylen.”

The couple is seeking $200,000 in damages for negligent infliction of emotional distress.