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The Honolulu Advertiser
Posted on: Thursday, February 28, 2008

Family files claim for death of baby detained at airport

Associated Press

Hawaii news photo - The Honolulu Advertiser

Michael Tony Futi

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PAGO PAGO, American Samoa — The family of a 14-day-old boy who died after being detained after arriving at Honolulu International Airport has filed a claim against the federal government in the baby's death.

Michael Tony Futi, of American Samoa, died Feb. 9 after being locked in a Customs room at the airport with his mother and a nurse.

The baby had been flown from Pago Pago for emergency surgery in Hawai'i to repair a hole in his heart.

Attorney Rick Fried, of Honolulu, did not disclose any monetary amount being sought but said the claim could lead to a lawsuit alleging wrongful death.

The baby's mother, Luaipou Futi, and a nurse, Arizona Veavea, were detained for 30 minutes with the baby.

After they were let go, city paramedics took Michael to Kaiser Permanente's Moanalua Medical Center, but he died there that morning. Emergency Services Department officials said they received a call at 6:10 a.m. and the child was taken to the hospital in critical condition.

Fried said he filed a tort claim Tuesday, giving the federal government six months to reply. If there is no response, he says, he would file an official complaint.

Funeral for the baby is set for March 8 in Honolulu.

American Samoa's Democratic delegate to Congress, Eni Faleomavaega, and Rep. Peter T. King, R-N.Y., called for an investigation into the baby's death. Members of Hawai'i's congressional delegation also have called for an investigation.

Faleomavaega's office said no official response is expected until the investigation is completed.

The territorial House of Representatives has called for a local probe into the case, including an investigation as to whether LBJ Medical Center, which sent the baby to Honolulu, took all necessary steps before the infant was sent off-island.

Acting Gov. Ipulasi Aitofele Sunia said this week that he believes that under current law, there is no reason for a local investigation. He said the medical center followed all necessary procedures before the infant was taken to Honolulu, accompanied by Veavea, for medical treatment that was not available in American Samoa.

LBJ's general counsel, Terry Lovelace, said the hospital did everything properly, sending the child to Honolulu "as soon as he was stable enough for transfer."