Lawyer Reveals Untried Options After Transplant Denial

by Priya Shah – Business Editor

Naples, Italy – The legal representative for the family of two-year-aged Tommaso, who underwent a heart transplant at the Monaldi Hospital on December 23rd, has asserted that alternative treatment options were never fully explored while the child’s clinical condition was more stable. Attorney Francesco Petruzzi made the statement following a recent assessment by the Bambino Gesù Hospital in Rome, which deemed Tommaso ineligible for a second transplant due to the presence of cerebral hemorrhage and an active infection.

According to Petruzzi, the assessment from Bambino Gesù detailed “major contingent contraindications” including the hemorrhage and infection, alongside systemic conditions incompatible with a combined transplant and factors indicating a poor prognosis for early re-transplantation. Despite this, a medical bulletin released by Monaldi Hospital, with the family’s consent, stated that Tommaso remains on the transplant list pending further evaluation, and described his condition as “stable within a framework of severe criticality.”

Petruzzi has requested a third opinion from a European medical facility and is in contact with Professor Claudio Russo at the Niguarda hospital in Milan to assess the feasibility of implanting an artificial heart, which could potentially allow Tommaso to be removed from ECMO life support. “I hope the Bambino Gesù is wrong,” Tommaso’s mother, Patrizia Mercolino, stated, appealing for assistance, including from Pope Francis.

The situation has drawn the attention of national leaders. Italian Prime Minister Giorgia Meloni reportedly telephoned Mercolino, promising to “do everything possible to achieve justice,” according to Petruzzi. Campania regional president Roberto Fico also reportedly offered his support.

The initial transplant involved a heart that was reportedly damaged during the organ retrieval process, having been transported in a plastic container. The current medical assessment follows a period of intensive care for Tommaso since the December 23rd transplant. A cardiochirurgo, Dr. Carlo Pace Napoleone, speaking after participating in an “Heart Team” meeting at Monaldi Hospital on February 19th, described the child’s condition as “too compromised” for further surgical intervention, noting a worsening condition overnight with a septic crisis and the ongoing cerebral hemorrhage. He stated that Tommaso is currently in a coma and unresponsive after sedation was suspended to assess his neurological state.

Dr. Pace Napoleone indicated that the probability of a successful outcome is now estimated at only 10%, and that the only surgeon willing to operate on the child is the one who performed the initial transplant. The doctor emphasized that the issue is not solely the heart, but the overall clinical picture. The hospital has affirmed its commitment to transparency and cooperation with investigative and judicial authorities, while prioritizing the medical needs of the patient.

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