Medical Errors Led to Destruction of Teen Athlete's Heart and Need for Transplant, Lawsuit Claims

BALTIMORE, June 8, 2015 /PRNewswire/ -- Parents of a talented high school athlete have filed a lawsuit against doctors and hospitals they claim are responsible for diagnosis and treatment mistakes that led to the destruction of the teen's heart and need for a heart transplant.

Michael and Kimberly Kerrigan of Bozman, MD., filed suit in Baltimore City Circuit Court against University of Maryland Medical Center and the university's Shore Medical Center in Easton, on behalf of their son, Brandon, now 16. Also named as defendants in the medical malpractice and negligence lawsuit were three doctors, a radiologist and a radiology lab.

"Make no mistake, this lawsuit does not allege subtle deviations from accepted medical practice," said Howard Janet, of Janet, Jenner & Suggs, LLC, who is representing the Kerrigans. "It alleges a series of blatant deviations — from delays in administering much needed care, to administering improper treatment. The impact on this young man's life is, likewise, far from subtle."

Four Month Ordeal Ends in Transplant

The lawsuit alleges:

• On Aug. 13, 2013, two days before Brandon's 15^th birthday, a radiologist misdiagnosed Brandon's pending heart failure as walking pneumonia;
• On Aug. 17, an SMC emergency room doctor correctly diagnosed heart failure but failed to stop the administration of fluids, which worsened the condition;
• After an emergency airlift to UMMC on Aug. 18, Brandon was given even more fluids, and "with no reasonable basis" a UMMC doctor changed his diagnosis from heart failure as the result of cardiomyopathy to septic shock, which is treated differently. This treatment was continued for 14 hours, three hours after a stat order for fluid restriction and diuretics was ordered due to Brandon's worsening heart failure;
• Although Brandon began to improve, "irreversible damage had been done to Brandon's heart. The enormous amount of fluids stretched his heart muscle past the point of regaining enough function to support Brandon without interventions. The pediatric cardiologists and transplant team were unable to reverse the permanent injury to his heart";
• On Dec. 17, 2013 Brandon underwent a heart transplant. He likely will need other heart transplants in the future.

Heart Failure Misdiagnosed from the Beginning

"In our view and that of medical expert support we have secured, doctors had enough evidence in the form of abnormal lung sounds, chest x-rays, and positive results from a specific test for heart failure to begin proper treatment of Brandon's heart failure from the beginning," said Giles Manley, of Janet, Jenner & Suggs, LLC, who also is representing the Kerrigans and is a board certified physician.  

"Standard medical protocol for even a suspicion of heart failure is to withhold fluids until a diagnosis is ruled out, or restrict fluids and begin diuretics if the diagnosis is confirmed," he said. 

"We intend to prove that several doctors and two hospitals dropped the ball, and Brandon's life was ripped away from him," Manley added. "It is our contention that if only one of these professionals had followed basic standards of care, Brandon would not have had to go through this ordeal or be facing such difficult challenges in the future."

Parents Hit Hard by Evidence of Negligence

When news of Brandon's serious medical condition and need for a heart transplant reached the Kerrigans' friends and neighbors in Bozman, the Eastern Shore community exploded with support. Brandon, a stand-out athlete at his school and area sports clubs in swimming, baseball, wrestling and golf, was popular with teammates, parents and coaches. The always smiling and upbeat teen's ordeal and medical expenses became the focus of fundraising events and a dedicated prayer effort.

"Learning that evidence in medical records and opinions by medical experts show that Brandon could have avoided a heart transplant if he'd been diagnosed and treated properly has been difficult to bear," said dad Michael.

"But my wife, Kim, and I both try to stay positive about the future. It helps to remember the tremendous outpouring of love from the community that all of us, especially Brandon, have experienced," he said.

The lawsuit, filed May 11, seeks compensation for all future medical expenses and additional losses.

The case is Kerrigan et al. v. University of Maryland Medical System Corporation et al., 24-C-15-002333.

About Janet, Jenner & Suggs

Janet, Jenner & Suggs, LLC, is a national plaintiffs' firm with a 30-year record of obtaining substantial verdicts and settlements for patients injured by medical malpractice, birth injuries leading to cerebral palsy, dangerous drugs, and medical devices. The firm's success also extends to winning justice for abused women, children and the environment. Among recent high profile cases is a $190 million settlement for some 9,000 women patients of a Johns Hopkins gynecologist, accused in the largest sexual abuse case involving a single predator in U.S. history, and a more than $200 million settlement for victims of contaminated steroid injections formulated by a Massachusetts compound pharmacy.

Janet, Jenner & Suggs, LLC, maintains primary offices in Baltimore, MD; Boston, MA; Columbia, SC; New York, NY; and Asheville, NC; and satellite offices in several other states and in the District of Columbia.

CONTACT: Teresa Kelly, [email protected], 1-512-328-4276

Photo - http://photos.prnewswire.com/prnh/20150605/221239

SOURCE Janet, Jenner & Suggs, LLC

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