Professional Negligence Law Reporter

Doe, who was born with the congenital heart defect tetralogy of Fallot, underwent surgery to repair the defect when he was an infant. Various echocardiograms during his childhood revealed a small hole in his atrial septum.

At age 10, Doe underwent surgery to repair his pulmonary valve. Physician Roe placed Doe on cardiopulmonary bypass but did not cross-clamp the aorta, allowing air to pass from the right side of Doe’s heart through the atrial septal defect to the left side of Doe’s heart. As a result, air was pumped to Doe’s brain, causing him to suffer a stroke. He died from stroke complications two days later and is survived by his parents and two young siblings.

Suit alleged that Roe was liable for failing to review Doe’s prior medical records, which would have revealed the atrial septal defect and the need to cross clamp his aorta during the surgery.

The parties settled for $1.3 million.

Citation: Doe v. Roe Health Care Provider, Confidential Dkt. No. (Mo. Cir. Ct. St. Louis City Aug. 11, 2020).

Plaintiff counsel: AAJ members David Zevan and Morgan C. Murphy, both of St. Louis.