William Craig Prott v. St. John’s Mercy Health System, et al.
Patient who suffered brain damage during heart bypass surgery settles suit The Red blood cell level fell below minimum set out in hospital protocol.
Settlement amount Confidential
A man who suffered brain damage during heart bypass surgery settled his lawsuit against a St. Louis hospital and the perfusionist monitoring his red blood cell level during the operation.
On March 26, 2003, Craig Prott, 48, underwent heart bypass surgery at St. John’s Mercy Medical Center to replace a heart valve. During the operation, he was connected to a heart-lung machine which a perfusionist, or blood flow specialist, monitored. The staff perfusionist was responsible for tracking Prott’s red blood cell count (hematocrit level). The red blood cells carry oxygen to the body’s organs; the perfusionist’s job was to ensure Prott’s red blood cell ratio did not fall below 18 percent, the lowest permitted level according to the hospital’s protocol. However, Prott’s actual red blood cell ratio dropped to 15 percent while he was connected to the heart-lung bypass machine and at one point plummeted to nine percent.
Due to the lack of oxygen in his blood stream, Prott suffered brain damage which impaired his short-term memory and changed his personality.
James P. Lemonds, the St. Louis attorney who represented the plaintiff, said, “Mr. Prott went into surgery with a good head and a bad heart valve. When he came out of surgery, he had a bad head and a good heart valve.”
Prott filed a medical malpractice suit in St. Louis County against the hospital, perfusionist, anesthesiologist, and surgeon claiming they failed to adequately monitor his red blood cell ratio; allowed his red blood cell ratio to drop below the hospital protocol minimum; and failed to administer packed red blood cells after discovering the hematocrit level was below the protocol minimum.
The defendants denied the allegations arguing Prott’s brain damage was caused by plaque that dislodged during surgery.
Brain damage caused by dislodging plaque can happen “even if everything is done correctly,” noted Lemonds. That possibility was the reason two prior law firms gave for declining Prott’s case.
But the medical records told a different story. The handwritten hematocrit level entries made by the perfusionist revealed Prott’s red blood cell ratio didn’t reach the bare minimum the hospital required.
After examining the medical records, the plaintiff’s expert testified he had never seen anyone connected to the heart-lung machine register be allowed to plummet to such a low red blood cell ratio level without the perfusionist considering intervention and labeled it “dangerous.”
At the time of surgery, Prott worked for the St. Louis Public Schools System teaching children with reading difficulties. Because of the brain damage, the plaintiff’s experts testified Prott could no longer teach because he was unable to adapt his instruction methods in the fluid classroom environment. Moreover, the plaintiff’s expert neuropsychologist testified that because of the brain damage, Prott lacked motivation and initiative and was no longer able to work.
Prott sought actual and compensatory damages. Three weeks before the Oct. 2 trial date, the court allowed the plaintiff to add a punitive damages claim. The hospital and perfusionist settled on Sept. 25 but did not admit liability. Prott dismissed his claims against the cardiac surgeon.
William Craig Prott
v.
St. John’s Mercy Health System, et al.
Circuit Court of the County of St. Louis
State of Missouri
Type of Action:
Medical Malpractice
Type of Injuries:
Brain damage, short-term memory loss, personality disorder
Caption:
William Craig Prott v. St. John’s Mercy Health System, et al.
Jury, Judge or ADR:
Settled
Judge:
Circuit Judge Mark Siegel, St. Louis County Circuit Court
Amount:
Confidential
Economic Damages:
$1.1 to over $1.4 million
Attorney for Plaintiff:
James P. Lemonds: Simon Passanante, P.C.,
