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.