Professional Negligence Law Reporter

Kimberly Ann Mercer Harmon, 39, underwent a hysterectomy performed by osteopath Andre Kasko. In the recovery room, Mercer Harmon suffered cardiorespiratory arrest, necessitating resuscitation and transfer to the hospital’s ICU. There, a hospitalist allegedly performed an ultrasound of Mercer Harmon’s abdomen and concluded that she did not have free fluid in her abdomen. However, subsequent testing revealed that Mercer Harmon was suffering from massive internal bleeding.

Kasko returned Mercer Harmon to the operating room, where her blood pressure dropped and she required a second resuscitation. After the surgery, she suffered fatal cardiac arrest. Mercer Harmon is survived by her husband and three children, one of whom was a minor.

Mercer Harmon’s estate sued Kasko and the hospital, alleging failure to diagnose and treat an intrauterine perforation. The plaintiffs also claimed that the defendants failed to administer a blood transfusion and perform an emergency laparotomy after the first cardiopulmonary arrest.

The parties settled for $220,000.

Citation: Harmon v. Kasko, No. CIVDS-17-22856 (Cal. Super. Ct. San Bernardino Cty. July 1, 2020).

Plaintiff counsel: John M. Kremer, Newport Beach, Calif.