8-year-old who died in Border Patrol custody had fever of 104.9; internal review finds failures

The 8-year-old girl who died in U.S. Border Patrol custody in Texas was seen by medical staff numerous times and had a fever that topped out at nearly 105 degrees, but officials still denied her family's requests for an ambulance, an internal investigation has found.

The girl, Anadith Tanay Reyes Alvarez, died last month after what U.S. Customs and Border Protection described as a "medical emergency." Anadith, who was from Panama, was traveling with her family and was in custody at Harlingen Station in the Rio Grande Valley, minutes from the border with Mexico.

The agency said Thursday that its Office of Professional Responsibility is continuing an internal investigation into Anadith's death on May 17, and has found failures to document medical encounters and refusals to review her records or take the child for higher-level care.

“They killed my daughter, because she was nearly a day and a half without being able to breathe,” Anadith's mother, Mabel Alvarez Benedicks, told the Associated Press after her daughter's death. “She cried and begged for her life and they ignored her. They didn’t do anything for her."

La Unión del Pueblo Entero (LUPE) held a vigil at Alice Wilson Hope Park Tuesday, May 23, 2023, in Brownsville, Texas, in memory of Anadith Tanay Reyes Alvarez, an 8-year-old girl from Panama who died while detained by U.S. Border patrol in Harlingen, Texas.  The young girl whose parents are Honduran, was born in Panama with congenital heart disease. (Miguel Roberts/The Brownsville Herald via AP) ORG XMIT: TXBRH604

Investigation: Girl was treated 9 times in 3 days

Anadith, her two siblings and her parents crossed the border into Texas on May 9, according to her mother. They were transferred to Harlingen Station the evening of May 14. CBP found that between the evening of May 14 and morning of May 17, Anadith was seen by medical staff nine times.

She had a fever, flu-like symptoms and pain, a statement from the agency says. Anadith also was struggling to breathe and couldn't walk, her mother told the Associated Press after she died.

Her fever peaked at 104.9 degrees on May 16, CBP said.

PREVIOUSLY: Mother of child who died in Border Patrol custody says pleas were ignored

"Despite the girl’s condition, her mother’s concerns, and the series of treatments required to manage her condition, contracted medical personnel did not transfer her to a hospital for higher-level care," the CBP statement reads.

Instead, medical personnel, who were contracted to work with the agency, treated Anadith with ice packs, fever-reducing medicine and a cold shower.

Anadith was seen by medical staff at least four times the day she died, CBP said. She had a stomachache, nausea and difficulty breathing that morning. A nurse practitioner gave her medicine for nausea.

That day, CBP said, a nurse practitioner "reported denying three or four requests from the girl’s mother for an ambulance to be called or for her to be taken to the hospital."

Later in the day, Anadith was seen again by the nurse practitioner after she had an apparent seizure. She became unresponsive and emergency services were called while staff performed CPR. She was pronounced dead that afternoon at a hospital.

La Unión del Pueblo Entero (LUPE) holds a vigil at Alice Wilson Hope Park Tuesday, May 23, 2023, in Brownsville, Texas, in memory of Anadith Tanay Reyes Alvarez an 8-year-old girl from Panama who died while detained by U.S. Border patrol in Harlingen, Texas. The young girl, whose parents are Honduran, was born in Panama with congenital heart disease. (Miguel Roberts/The Brownsville Herald via AP) ORG XMIT: TXBRH601

Medical staff didn't review child's records

Anadith had a preexisting heart condition that required surgery when she was younger and sickle cell anemia, her family said after her death. The CBP investigation found no medical staff or Border Patrol agents who interacted with her or her family acknowledged being aware of the girl's medical history. Alvarez Benedicks told the AP after her daughter's death that staff were aware of the girl's medically fragile state.

The agency also found a medical employee brought a "pile of documents" and some medication from the family's property to the nurse practitioner who was treating Anadith, and the nurse practitioner declined to look at the records.

The medical staff who saw Anadith at Harlingen Station didn't consult with on-call physicians available, including a pediatrician, the CBP review found.

"The contracted medical personnel failed to document numerous medical encounters, emergency antipyretic interventions, and administrations of medicine," CBP said.

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CBP leader: Death was 'unacceptable'

Anadith was the second child to die in custody in one month, prompting criticism about whether the agency properly handled the situations.

Troy Miller, the acting commissioner of CBP, said in a statement Thursday that Anadith's death was "deeply upsetting and unacceptable tragedy."

"We can – and we will – do better to ensure this never happens again," Miller said.

Miller said the agency has directed a review of all medically vulnerable people in its custody after the death. He said CBP has reduced the average time in custody for families by more than 50% in the last two weeks. Starting next week, he said, the Department of Health and Human Services will deploy uniformed clinicians to border patrol sites to provide more medical oversight.

CBP also repaired security cameras in Harlingen Station that were found to be not working at the time Anadith was in custody, Miller said.

This article originally appeared on USA TODAY: Border Patrol investigation finds failures in care of child who died