$1 Million Settlement for Failure to Timely Diagnose, Treat Congenital Heart Defect

The parents of a minor child noticed that since his birth, he breathed very loudly and made grunting noises. After a five-month period, pediatrician Aqil Surka and Dr. Ann Marie Edward examined the child multiple times and noted his breathing problems. The child’s sleep pattern deteriorated, and he lost weight.

The child (Doe) was brought to the practice after he vomited twice, refused his feeding and did not sleep well at night. Doe was later diagnosed as having aortic stenosis, which required a heart transplant. Doe is now 4 years old, immune-compromised and requires immune-suppressant drugs. Additionally, Doe requires regular cardiac testing and is expected to need a second heart transplant.

Doe’s parents, individually and on his behalf, sued Prisma Health-Upstate, under which the pediatric practice operated, alleging that the pediatrician and others had chosen not to timely diagnose Doe’s congenital heart defect.

It was argued that had the defendants’ agents ordered a cardiac workup and diagnosed Doe’s common heart defect, he could have undergone a balloon valvuloplasty and avoided a heart transplant.

Before a jury trial, the parties settled for $1 million.

The attorneys representing the Doe family were Charles W. Whetstone Jr. and Cheryl Perkins.

Sucher v. Prisma Health-Upstate, No. 7:19-cv-03379-DCC (D.S.C.).

Kreisman Law Offices has been handling birth trauma injury lawsuits, pediatric negligence lawsuits, hospital negligence cases, wrongful death lawsuits and medical malpractice cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Itasca, Clarendon Hills, Westmont, Lisle, Warrenville, Winfield, LaGrange, Brookfield, North Riverside, Cicero, Forest Park, Park Forest, Park Ridge, Mount Prospect, Prospect Heights, Wheeling, Palatine, Chicago (Portage Park, Albany Park, Irving Park, Horner Park, Bricktown, Belmont Gardens, Belmont Cragin, Hermosa, West Humboldt Park, East Village, River West, River North, Near West Side, Homan Square, Garfield Park, Lower West Side, Marshall Square, Bridgeport, Canaryville, Burnham Park, Kenwood, Gage Park, Englewood), Hickory Hills, Crestwood, and Blue Island, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.