Legal representatives for the family of two-year-old Domenico Caliendo filed a formal legal complaint integration with the Naples Public Prosecutor’s Office, requesting an investigation into cardiac surgeon Guido Oppido for potential intentional homicide by omission through eventual dolo. Domenico died on February 21 at Monaldi Hospital in Naples following a failed heart transplant, according to reports from ANSA and Internapoli.
Parents of Domenico Caliendo Ask Prosecutors to Investigate Cardiac Surgeon for Intentional Homicide
The Central Dispute Over the Berlin Heart Artificial Ventricle
The updated complaint, filed by attorney Francesco Petruzzi on behalf of parents Patrizia Mercolino and Alfonso Antonio Caliendo, centers on the failure to utilize a Berlin Heart artificial ventricle. Court-appointed consultants concluded in an evidentiary hearing report that the Berlin Heart could have served as an alternative to the ECMO machine. Domenico remained connected to the ECMO life support system for 60 days following his initial operation, according to court documents cited by ANSA.
The defense team asks prosecutors to determine whether Dr. Oppido, identified in records as the responsible for the decision-making pathway, foresaw that continuing ECMO rather than converting to a BiVAD/Berlin Heart system would result in the irreversible loss of transplant eligibility and lead to the child’s death. According to the filing reported by Internapoli, the expert report identified the period between late December and early January as the optimal window for conversion to ventricular support.
Discrepancies in Medical Records and the Heart Team Minutes
In addition to the homicide allegation, the legal integration questions a potential falsification regarding statements about the Berlin Heart. Minutes from a February 13 Heart Team meeting attribute a statement to Dr. Oppido asserting that a biventricular assist device using a double Berlin Heart had been evaluated and discarded as early as December due to infection risks.
However, attorney Petruzzi notes that the expert review found no documentation of a timely multidisciplinary meeting comparing ECMO and VAD options, nor a formal risk-benefit analysis or initial documented decision to reject the device. The filing emphasizes that while missing paperwork does not automatically prove falsification, investigators must verify whether the risk assessment actually occurred or was stated ex post facto to justify omitting the device conversion, as detailed by ANSA.
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