Professional Negligence Law Reporter

Doe received a prenatal diagnosis of D-transposition of the great arteries with ventricular septal defect and suspected aortic arch hypoplasia. He underwent several procedures after his birth, including cardiac catheterizations with balloon angioplasty. At three months, pediatric cardiovascular surgeon Chawki El-Zein and a team at Advocate Christ Medical Center performed a procedure that involved placing the child on a cardiopulmonary bypass machine. The child was discharged five days later; however, he was returned to the facility within two weeks, unable to move his lower limbs. An MRI showed a spinal infarction at T11 to the end of his spinal cord. Now 10, he is paralyzed in his lower trunk and extremities.

Doe’s parents, individually and on his behalf, sued Advocate Health and Hospitals Corp. and El-Zein, alleging medical negligence and vicarious liability. Among other things, the plaintiffs asserted that the defendants failed to adequately protect Doe’s spinal cord, by, for example, cooling him; properly perfuse his lower body; and respond to multiple indications of inadequate perfusion. The plaintiffs also argued that Advocate’s perfusionists failed to communicate Doe’s perfusion status to the surgical team during critical portions of the surgery.

The jury awarded $40 million.

Citation: Doe v. Advocate Health & Hosps. Corp., No. 2019 L 014354 (Ill. Cir. Ct. Cook Cnty. Dec. 22, 2023).

Plaintiff counsel: AAJ members Stephan D. Blandin, Michael E. Holden, Michael R. Grieco, Daisy Ayllon, and Sarah Raisch, all of Chicago.