Fluhrer sues IHS for wrongful death of daughter
The mother of a Belcourt woman is suing the Indian Health Service in Aberdeen, S.D. and three Indian Health doctors over what she alleges was her daughter’s wrongful death in January 2014.
According to court documents, Shiree Wilson, an enrolled member of the Turtle Mountain Band of Chippewa, died at age 24 on Jan. 22, 2014, a week after she gave birth via Cesarean section to a baby son. According to an online obituary at www.elickfh.com, Wilson was a 2008 graduate of Dunseith High School.
Her mother, Christine Fluhrer, is representing the estate. Fluhrer alleges that the Indian Health Service and doctors Julius Theophilius, Robert Zabenko and Lloyd McPherson at Quentin Burdick Memorial Healthcare Facility in Belcourt were negligent in her care. Fluhrer is represented by Reed Soderstrom.
According to the complaint filed with the U.S. District Court, Wilson had visited Zabenko at IHS on Jan. 10, 2014 to prepare for a planned Cesarean birth because the baby was in a breech position. Her medical chart indicated that she had a history of heart murmur and had a high white blood cell count, which indicates a possible infection, and that she had a cough.
Zabenko delivered Wilson’s son via C-section on Jan. 14, 2014 at the Belcourt hospital. She remained in the hospital for two days. The complaint alleges that doctors did not do follow up tests on Wilson’s high blood cell count or her cough.
According to the complaint, Wilson returned to the emergency room on Jan. 21, 2014, complaining of shortness of breath that had started suddenly and was getting worse and a persistent dry cough that was increasing in frequency. She was seen by McPherson. Wilson was examined and the chart noted that she had high blood pressure, a high white blood cell count, increased respiratory rate, possibly had some fluid in her lungs and her heart was mildly enlarged. The chart said she “definitely had possible atypical-type pneumonia.”
Wilson was discharged from the IHS emergency room. McPherson told her that she could be treated for “bilateral atypical pneumonia and treated as an outpatient with decongestants and oral antibiotics.”
Wilson collapsed and died the following day, on Jan. 22, 2014, according to the complaint. An autopsy showed that she had severe pulmonary congestion and edema.
Fluhrer alleges that the doctors should have ordered follow up tests, should have consulted with specialists, and should have admitted her directly to the hospital from the emergency room on Jan. 21.
Fluhrer is seeking economic damages in an amount to be proven at trial, but not less than $75,000; non-economic damages, and attorney’s fees.
Tara Iversen, a lawyer for the defendants, denies the allegations against them in a response filed with the court. A response filed with the court denies that Theophilius was involved in Wilson’s care.
A scheduling conference is set for Monday before U.S. District Court Judge Charles Miller.
The case is Fluhrer vs. United States of America et. al.



