A series of lawsuits in Kansas accuse the University of Kansas Hospital and LivaNova USA Inc., the manufacturer of a key surgical device, of medical malpractice after improper sterilization of heart surgery equipment allegedly caused deadly infections in patients.
M. chimaera, a slow-growing bacterium, is said to have infected several patients who underwent open-heart surgeries, leading to at least 11 deaths and life-altering health problems for others.
The Tragic Cases of Darrell Schroll and Ron Wood
One of the most notable cases involves Darrell Schroll, a Vietnam veteran and business owner from Manhattan, Kansas. Schroll underwent open-heart surgery at the University of Kansas Hospital in 2019. He developed a Mycobacterium chimaera infection, which devastated his body.
Schroll’s daughter, Kristy Schroll, recalled his condition, saying, “He was skin and bones,” and described how doctors suspected the infection had spread to his brain, lungs, heart, and liver.
Schroll’s family claims that the infection was caused by a contaminated heater-cooler unit (HCU) used during his surgery. The HCUs, which regulate temperatures during open-heart surgeries, were allegedly not properly disinfected before use.
Kristy Schroll has filed a lawsuit in Wyandotte County, accusing the hospital and LivaNova USA Inc. of negligence and medical malpractice, claiming the HCU was not properly sterilized before her father’s procedure.
Similar Cases and Growing Lawsuits
Schroll’s case is just one of many. At least 30 lawsuits have been filed in Wyandotte County alone, with 25 patients at the hospital allegedly contracting M. chimaera infections due to improperly cleaned HCUs. According to reports, 11 of those patients have died, while others are facing long-term health challenges due to the infections.
These lawsuits allege that hospital staff and LivaNova failed to properly sterilize and disinfect the LivaNova 3T Heater-Cooler device, leading to preventable infections and deaths.
The Allegations Against LivaNova and the Hospital
The lawsuits claim that LivaNova USA Inc., the manufacturer of the HCU, did not provide adequate warnings about the risks of infection. Furthermore, the hospital’s medical staff allegedly failed to inform patients about potential exposure to M. chimaera and did not take timely actions to treat the infection once it became apparent.
The family of Ron Wood, another victim who died in February 2021, is also seeking $20 million in damages. Wood contracted a similar infection after undergoing open-heart surgery at the same hospital in 2019.
Wood’s wife, Thelma Wood, recalled how her husband’s infection ate away at him, causing severe weight loss and fatigue over a prolonged period. “It’s just wrecked my world,” she said.
She expressed her outrage that hospital staff failed to properly clean the medical equipment, stating, “How could you not clean a machine when you’re given instructions on what to do?”
Hospital’s Response
The University of Kansas Health System has responded to the lawsuits, claiming it took appropriate actions based on the information available at the time. A spokesperson for the hospital, Dan Peters, said the hospital focused on meeting patients’ needs, even when using the devices that were later found to pose risks.
However, Peters added that the hospital had replaced the old devices with new versions that were redesigned to reduce the risk of infection. He also mentioned that the hospital proactively reached out to patients who may have been affected.
LivaNova’s Defense
LivaNova, the manufacturer of the HCU devices, has issued a statement defending the safety of the 3T Heater-Cooler device. The company emphasized that it worked closely with global regulators to mitigate the risks associated with the product.
While LivaNova did not comment on the specifics of ongoing litigation, it assured the public that patient care and product quality remain central to its operations.
The Impact of the Infections
The alleged mishandling of sterilization protocols and the subsequent infections have had a profound impact on the lives of those affected. Patients like Darrell Schroll and Ron Wood suffered immense pain and hardship, and their families are left with deep emotional scars.
For the Schroll family, Kristy Schroll said, “We feel like time was stolen” from them, reflecting on the lost years with her father due to the effects of the infection.
As more lawsuits continue to be filed and more victims come forward, this case sheds light on the serious consequences of medical negligence. With allegations of improper sterilization of vital medical equipment leading to deadly infections, the University of Kansas Health System and LivaNova USA Inc. may face significant legal and financial repercussions.
Families affected by these incidents are seeking justice and accountability, hoping their stories will raise awareness of the risks posed by improperly sterilized medical devices.
