Domenico Caliendo case, the expert report states: "An artificial heart would have saved him." The family: "Assess the case as voluntary manslaughter."

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Domenico Caliendo Case The Expert Report The Artificial Heart Would Have Saved Him The Family Evaluates Voluntary Homicide 2026 09 11

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Naples – If little Domenico Caliendo had been connected to the Berlin Heart, the extracorporeal artificial heart, within 72 hours of the failed surgery on December 23, 2025, “he would have been retransplantable and would have had a success rate of over 70%.”

The experts of the Naples preliminary investigations judge wrote it in black and white in their 553-page report, filed on Thursday, September 10, 2026, at the end of the evidentiary hearing ordered by Judge Mariano Sorrentino to shed light on the death of the child, who died on February 21, 2026, at the Monaldi Hospital in Naples due to a failed heart transplant.

Based on these findings, Francesco Petruzzi, the Caliendo family's attorney, is now asking the Naples Prosecutor's Office to consider "the possibility of charging the doctors under investigation with voluntary manslaughter instead of manslaughter."

His mother's grief: "I miss Domenico so much. Anger now prevails over grief."

Domenico's mother, Patrizia Mercolino, also spoke out, expressing her deepest sorrow: "I miss Domenico so much, his absence is felt. They say you can convince yourself through pain. But that's not true. The longer I go, the worse it gets. Anger now prevails over grief." These words capture the state of mind of a family already shaken by the loss of their son and now faced with new, weighty responsibilities emerging from the medical examination.

The doctors' defense: "Oppido and Bergonzoni acted according to the rules. We ask for the case to be closed."

On the other side, the lawyers of the two cardiac surgeons involved – Guido Oppido and Emma Bergonzoni –, both banned from practicing medicine (one year for Oppido, seven months for Bergonzoni) by a precautionary measure issued by the investigating judge, defend the actions of their clients.

"Dr. Bergonzoni acted in full compliance with the leges artis, participated exclusively in the actual surgical procedure and made no decisions regarding the post-operative phase. I hope the Prosecutor's Office will request the case be dismissed regarding negligence," explains Vincenzo Maiello, Emma Bergonzoni's lawyer.

Guido Oppido's lawyers, Alfredo Sorge and Vittorio Manes, also maintain that "regarding the surgical procedure and the allegations raised, Dr. Oppido acted according to the rules and procedures established in the operating room."

What emerges from the super-expertise: errors in Bolzano and Naples, but the real issue is the choice of Ecmo

The three professors appointed by the investigating judge – Biagio Solarino, Ugolino Livi, and Ferdinando Luca Lorini – thoroughly examined Domenico's entire medical history, from the day of the transplant until his death.

As is known, a heart "frozen" with dry ice arrived from Bolzano, mistakenly used as a refrigerant to transport the donor child's organ to Naples, moreover using a refrigerated box that did not comply with guidelines.
However, according to experts, "the real mistake was connecting the little patient to a machine (ECMO) instead of the so-called Berlin Heart." The decision not to resort to the extracorporeal artificial heart "represented a crucial critical issue, which compromised the little patient's life expectancy."

The appeal against the ban is being discussed at the Court of Appeal of Naples.

While the Prosecutor's Office evaluates its next steps in light of the expert report, the Naples Review Court is hearing the appeal against the order banning Oppido and Bergonzoni from practicing medicine.

Meanwhile, the Caliendo family has already reached a confidential settlement with the Colli Hospital, which includes Monaldi, for damages (between €1,2 and €1,5 million), as confirmed by Petruzzi himself. "We are now focusing on the criminal proceedings," he stated.

The main stages of the case

December 23, 2025At the Monaldi Hospital in Naples, a heart transplant is performed on young Domenico Caliendo. The organ, imported from Bolzano, had been improperly stored (dry ice and a non-compliant box).
January–February 2026The child remained connected to the ECMO in intensive care for approximately 60 days, with serious complications.
February 21, 2026Domenico dies at the Monaldi hospital.
March–September 2026: preliminary investigation and super-expert report by the three experts appointed by the investigating judge.
10 September 2026: the 553-page report has been filed.
11 September 2026: hearing at the Court of Appeal on the appeal against the interdiction of the two surgeons

Topics

Domenico Caliendo case, the expert report states: "An artificial heart would have saved him." The family: "Assess the case as voluntary manslaughter."

Other Podcasts

His mother's grief: "I miss Domenico so much. Anger now prevails over grief."

The doctors' defense: "Oppido and Bergonzoni acted according to the rules. We ask for the case to be closed."

What emerges from the super-expertise: errors in Bolzano and Naples, but the real issue is the choice of Ecmo

The appeal against the ban is being discussed at the Court of Appeal of Naples.

The main stages of the case

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