Trial Magazine

Doe, a 59-year-old carpenter, suffered from myocarditis and was placed on the United Network for Organ Sharing (UNOS) heart transplant list. After UNOS placed the hospital where Doe received cardiac care on probation, Doe received a letter from the hospital informing him it had agreed to be placed on probation due to its low volume of transplants in 2014. The letter did not list other reasons for the probation, including the hospital’s transplant recipient death rate.

Several months later, Doe underwent a heart transplant at the hospital. The treating surgeon allegedly misplaced and then clamped the cannula instead of the aorta, thus shutting off the bypass machine.

After the problem was corrected, the lead anesthesiologist allegedly returned to the operating room and noted that Doe’s pupils were fixed and dilated. The surgical team discontinued the procedure and allegedly told Doe’s family that he had suffered brain death resulting from an anesthesia issue. Doe’s family then shut off Doe’s mechanical life support, allowing him to die. Doe is survived by his wife and daughters.

Doe’s family sued the hospital, alleging medical malpractice. Among other things, the plaintiffs alleged that the defendant failed to state the more serious reasons for its probation, which deprived the family of transferring Doe’s care to another hospital.

Suit also claimed that the attending surgeon negligently misplaced the cannula back toward Doe’s heart instead of up toward his brain and failed to timely realize his mistake, thus causing lack of blood flow to Doe’s brain.

Additionally, the plaintiffs claimed that the surgical team discontinued the procedure prematurely to avoid having another patient death and failed to tell them what really happened during surgery.

The parties settled for $19.9 million.

Citation: Doe v. Roe Hosp., Confidential Dkt. No. (Ohio Confidential Ct. Aug. 2019).

Plaintiff counsel: AAJ members Charles Kampinski and Kristin Roberts, both of Independence, Ohio.

Plaintiff expert: Hillel Laks, cardiology, Los Angeles.