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Lawsuit filed against Artesia hospital for newborn’s death, claims 19-year-old not at fault

ARTESIA, N.M. (KRQE)- A new lawsuit filed on behalf of the estate of a newborn who died in a hospital trash can, blames the Artesia hospital for the death. Police say 19-year-old Alexee Trevizo gave birth and then left him in a trash can to die. A new lawsuit gives a timeline trying to prove the hospital could have done a lot of things to save him.

A new lawsuit on behalf of the newborn has been filed and for the first time, we are learning the name of the infant, Alex Ray Fierro. The suit claims the hospital and its staff failed to provide the care Treviso needed and are responsible for the baby’s death. According to court records, Alexee Trevizo was taken to Artesia General Hospital on the night of January 26 at 11:47 p.m. Trevizo was admitted for complaints of lower back and abdominal pains.

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The suit claims as part of the treatment, doctors gave Trevizo a series of pain medications beginning at 12:18 a.m. on January 27, with stronger medication administered ten minutes later, which included morphine. At the same time, a pregnancy test was given to Trevizo, and came back positive almost 30 minutes later.

The suit claims, despite doctors knowing she was pregnant at 12:51 am, they continued to administer stronger narcotics like morphine to Trevizo. It states, Trevizo later gave birth unattended around 1:40 a.m., about two hours after arriving at the hospital. A custodian would find the baby dead in a trash bag an hour later.

The lawsuit claims that doctors failed to tell Trevizo she was pregnant and failed to provide the appropriate care for her knowing then she was pregnant. It also claims that hospital staff allowed police into her room after the death of the baby, asked questions, and released video to the police, which the suit said goes against HIPPA laws. The representative of the estate is asking for a jury trial.

Trevizo is charged with first-degree murder. Her trial is expected to take place in early 2024.

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