Several lawsuits have been filed against the University of Kansas Hospital and LivaNova USA Inc., after patients contracted life-threatening infections due to improperly sterilized heart surgery devices. These infections, caused by Mycobacterium chimaera (M. chimaera), have led to numerous fatalities and severe health complications for other patients.
The Case of Darrell Schroll
One of the most tragic cases involves Darrell Schroll, a local business owner and Vietnam veteran from Manhattan, Kansas. Schroll underwent open-heart surgery at the University of Kansas Hospital in 2019, where he was exposed to a contaminated heater-cooler unit (HCU). Schroll’s family claims that the infection, which spread throughout his body, was caused by the dirty HCU used during his surgery.
Schroll’s daughter, Kristy Schroll, explained that her father’s condition rapidly deteriorated, with the infection spreading to his heart, lungs, liver, eyes, and possibly his brain. “He was skin and bones,” she told The Kansas City Star. In a legal petition, Kristy Schroll has accused the hospital and LivaNova USA Inc. of medical malpractice for failing to properly sterilize and disinfect the device used in her father’s surgery.
Multiple Lawsuits Filed Against Hospital and Manufacturer
Darrell Schroll’s case is one of more than 30 lawsuits filed in Wyandotte County, Kansas, against the University of Kansas Hospital and LivaNova. The lawsuits allege that 25 patients contracted M. chimaera infections after being exposed to dirty HCUs during heart surgeries at the hospital. At least 11 patients have died, and many others continue to live with debilitating health issues caused by the infections.
The Schroll family’s lawsuit also accuses hospital workers, including technicians, nurses, and doctors, of failing to inform Schroll and his family about the potential exposure to M. chimaera. Additionally, the lawsuit claims that the hospital did not diagnose or treat the infection in a timely manner.
The Case of Thelma Wood
Another lawsuit has been filed by Thelma Wood, a widow from Olathe, Kansas, who lost her husband, Ron Wood, to a M. chimaera infection following open-heart surgery at the same hospital. Ron Wood underwent surgery in 2019 to replace an aortic valve, but soon after, he began experiencing severe symptoms from the infection, including extreme weight loss and fatigue.
Wood died in February 2021 after spending weeks in the hospital. In her lawsuit, Thelma Wood is seeking $20 million in damages, calling the incident “something that could have been avoided.” She also expressed her heartbreak over the preventable nature of her husband’s death. “It’s just wrecked my world,” she said. “Nobody should hurt like this.”
Hospital’s Response to Allegations
The University of Kansas Health System has acknowledged the issues related to the HCUs but maintains that it took steps to ensure patient safety. Dan Peters, general counsel for the hospital, explained that the hospital had acted on the information available at the time. The hospital also replaced the faulty devices with new versions designed to reduce the risk of infection.
“We proactively reached out to patients who may have been affected to support their needs,” Peters said in a statement. “Today, the health system has all new devices with a design change that eliminated the previous condition that created the potential for infection.”
LivaNova’s Statement
LivaNova, the manufacturer of the 3T Heater-Cooler device, issued a statement defending its product and actions. The company emphasized that patient care and product quality are central to its mission. LivaNova expressed confidence in the 3T Heater-Cooler device and its safety, despite the ongoing litigation.
“We are vigorously defending the product and company actions in these cases,” the statement read.
A Call for Accountability and Justice
For families like the Schrolls, the loss of a loved one to a preventable infection is deeply painful. Kristy Schroll hopes that her lawsuit, along with others, will bring awareness to what she believes is clear negligence. She is seeking justice for her father’s suffering and hopes that holding the hospital and device manufacturer accountable will prevent others from enduring the same fate.
“We feel like time was stolen,” Kristy Schroll told The Kansas City Star. “My dad was the rock of our family. He was the person you could call at any hour for anything … And I watched him feel defeated and scared. He was very proud, and he felt towards the end that he had little dignity left.”
The Schroll family, along with others affected, is determined to see accountability and ensure that hospitals and medical device manufacturers prioritize patient safety to avoid further tragedy.
