Anderson Law Offices, LLC: Cleveland Clinic Faces Wrongful Death Complaint Over Infant's Alleged Botched Brain Surgery

CLEVELAND, Jan. 31, 2011 /PRNewswire-USNewswire/ -- Khalil Saddler's mother, Dawn McAlpine, still cannot understand why the doctors at Cleveland Clinic in 2003 did not ask her permission before performing brain surgery on her newborn with an unapproved medical device; especially since the manufacturer of the device specifically warned against using it on infants. In fact, according to her Complaint filed against the Clinic and two of its doctors, she did not know until after her son's death five years later, that but for the botched surgeries, Khalil would be alive and healthy today.

Her wrongful death Complaint against Defendant Cleveland Clinic and its employee-surgeons, Peter Rasmussen, M.D. and Thomas Masaryk, M.D., alleges a series of negligent acts, including the use of a surgical device specified by its manufacturer for adult-use that led to Khalil's permanent and severe brain damage, multiple years of surgeries, and his premature death in 2008. Court-required affidavits of "medical merit" in support of the lawsuit are presented by nationally-recognized physicians in pediatric neurosurgery and interventional radiology as part of the multi-count filing in Cuyahoga County Court of Common Pleas (Dawn McAlpine as the Administrator of the Estate of Khalil Saddler, deceased vs. Cleveland Clinic Foundation, Case No. CV 11 746735).  The case has been assigned to the Hon. Judge Timothy McGinty.

According to the Complaint, Khalil needed surgery to repair an abnormal vein in the base of his brain that was causing excessive blood flow into his heart.  The Complaint alleges that the use of contraindicated surgical instruments on Khalil during the August 31, 2003 and September 1, 2003 surgeries without obtaining the parents' consent constitutes battery under Ohio law. Not only were the surgeons sued for using the wrong device, they allegedly used the wrong surgical techniques and allowed glue from the device to seep into Khalil's brain causing a massive stroke and bleeding that left him permanently and severely brain damaged.

Ben Anderson, of Anderson Law Offices in Cleveland, represents Khalil's family. He says, "Had the surgeons at the Cleveland Clinic used reasonable care by choosing the right tools for the job, and used them properly, Khalil Saddler today would be a beautiful, healthy seven-year-old boy. Parents in our community have a right to expect that surgeons will read and follow simple instructions and not expose their children to needless danger. This is especially true when those instructions accompany a device that was being inserted into a baby's brain."

He added,  "How ironic, in the context of this case, that when the Cleveland Clinic performed an experimental coil embolization procedure (what Khalil was subjected to) on a helpless dog four years ago and there was public outrage, the Clinic publicly apologized and stated that the procedure was 'not in compliance with our policy.'  We certainly hope that the same, if not better, 'policy' applies to this baby boy who had the rest of his life ahead of him."

CONTACT: Ben Anderson, [email protected], +1-216-589-0256

SOURCE Anderson Law Offices, LLC