$1.3 Million Settlement in Failure to Review Child’s Medical Records

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.

Tetralogy of Fallot is a congenital heart condition that involves four abnormalities occurring together, including a defective septum between the ventricles and narrowing of the pulmonary artery; it is accompanied by cyanosis.

At age 10, Doe underwent surgery to repair his pulmonary valve. Dr. Roe placed Doe on cardiopulmonary bypass but did not cross-clamp the aorta, which allowed 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, which caused him to suffer a stroke. He died from stroke complications two days later. He was survived by his parents and two young siblings.

The lawsuit alleged that Dr. Roe was liable for choosing not to review Doe’s prior medical records, which would have revealed the atrial septal defect and the need to cross-clamp the aorta during the heart surgery.

Before trial, the parties settled for $1.3 million.

The attorneys successfully handling this case for the Doe family were David Zevan and Morgan C. Murphy.

Doe v. Roe Health Care Provider, Confidential docket; No. (Mo. Cir. St. Louis City).

Kreisman Law Offices has been handling birth injury lawsuits, misdiagnosis lawsuits, medical negligence cases, traumatic brain injury lawsuits, and cerebral palsy 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 Orland Park, Chicago Ridge, Alsip, Oak Park, West Dundee, Wheeling, Winthrop Harbor, Lake Villa, Grayslake, McHenry, Woodstock, South Elgin, Naperville, Long Grove, Wheaton, Wilmette, Chicago (North Lawndale, Sauganash, Edgebrook, Albany Park, Edgewater Beach, Uptown, Lakeview, Ravenswood Gardens, Portage Park, Belmont Heights, Hanson Park, West Garfield Park, University Village, Back of the Yards, South Side, Woodlawn, Grand Crossing, Pill Hill, Pullman, Beverly, Gresham, Marquette Park), Lake Zurich, South Barrington, Evanston, Tinley Park, Olympia Fields and Matteson, Ill.

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