Professional Negligence Law Reporter

Urcino v. Roe Hosp., No. MON-L-000065-14 (N.J. Super. Ct. Monmouth Cnty. Mar. 14, 2019).

Rocco Urcino, 6 weeks, was transferred from a community hospital to Roe hospital, suffering from vomiting and a suspected abdominal problem. A pediatric intensivist examined Urcino, diagnosed a cardiac issue, and ordered an echocardiogram, which a pediatric cardiologist interpreted as showing a heart deformity eight hours later.

Urcino was transferred to a children’s hospital, where treating providers ruled out a cardiac issue and diagnosed an intestinal malrotation. Despite emergency surgery, Urcino required removal of a third of his intestines. He was hospitalized for the next few months and now suffers from nutritional deficits and growth retardation.

Urcino’s mother, individually and as her son’s guardian, sued Roe hospital and the pediatric intensivist, alleging failure to rule out an abdominal issue in light of the child’s symptoms. Suit also alleged the cardiologist misdiagnosed the heart deformity despite a negative echocardiogram. Had the malrotation been timely diagnosed, the plaintiffs argued, the condition could have been treated with surgery.

Plaintiff counsel: AAJ member Robert G. Hicks, Springfield, N.J.; Richard Amdur, Eatontown, N.J.; and AAJ member Eric Weinberg, New Brunswick, N.J.

Plaintiff experts: Joel Rosh, pediatric gastroenterology, Morristown, N.J.; Philip Marion, life care planning, Washington, D.C.; Robert Truog, pediatric cardiac critical care, Boston; Charles Scott, pediatrics, Medford, N.J.; Richard Pearl, pediatric surgery, Peoria, Ill.; and William Ravekes, pediatric cardiology, Baltimore.

Defense expert: Michael Rosen, pediatric gastroenterology, Cincinnati.