Naples, Domenico Caliendo dies after a transplant at the Monaldi hospital: agreement reached on compensation for his family.
An agreement has been reached between the Colli Hospital and the family of Domenico Caliendo, who died after a heart transplant at the Monaldi Hospital in Naples. The amount remains confidential while the parents prepare for criminal proceedings.
A settlement has been reached for compensation between the Colli di Napoli Hospital and the family of Domenico Caliendo , the child who died after a heart transplant performed at Monaldi Hospital. The agreement puts an end to the civil dispute and will allow the child's parents to now focus their attention on the ongoing criminal proceedings to shed light on the circumstances surrounding the transplant.
The announcement by lawyer Francesco Petruzzi
The agreement was announced by Francesco Petruzzi, lawyer for the Caliendo-Mercolino family , who expressed satisfaction with the outcome. "We are completely satisfied, and so is mother Patrizia. Monaldi has awarded us compensation and, most importantly, has spared us a civil trial that would have added further pain to the family. Now we can focus on the criminal proceedings," the lawyer stated.
The mother: "No amount of money will ever give us Domenico back."
For Patrizia Mercolino, Domenico's mother , the financial aspect of the settlement is inevitably secondary to the loss of her son. "We're very satisfied because we've finalized the agreement with Monaldi, meaning we won't have to go to civil trial with them and now we can finally focus on the criminal case, which is what my husband and I really care about," she explained.
"We wanted to close the case to focus on the criminal trial."
The boy's mother reiterated that the decision to accept the settlement wasn't determined by the amount of compensation. "We weren't interested in the amount; no amount can ever bring our Domenico back to us. We just wanted closure right away so we could focus on the criminal case," said Patrizia Mercolino, explaining the family's current priority.
Remembering your son on his name day
The woman also said she went to visit Domenico on his name day. "He smiles, I see him smile all the time. I told him, 'Mom's love, the trial is almost here, we're almost there,'" she recalled. It was a particularly painful moment, as the family awaits the opening of the trial phase, during which they intend to request that all possible individual responsibilities be ascertained.
The mother's anger and the wait for the trial
Regarding her feelings toward the professionals involved in the case, Patrizia Mercolino preferred to postpone any discussion until the trial. "I'll tell you when we're at trial and I'll look them in the eye. The anger now is much stronger than the pain," she stated. The family's position therefore remains primarily focused on the judicial investigation of what happened.
The Colli Company confirms the agreement
The Colli Hospital , which includes the Monaldi Hospital in Naples, also officially confirmed the agreement. In a statement, the hospital explained that lawyer Francesco Petruzzi "formally accepted the settlement proposal," thus marking the conclusion of the compensation dispute through an agreement reached after a lengthy evaluation process.
A complex technical and legal procedure
According to the company, the proposal was finalized after a complex process that required detailed technical and legal analysis. Azienda dei Colli's external lawyers, Raffaella Di Nardo and Arturo Testa , explained that the process was managed through the Claims Assessment Committee with the assistance of a team of specialists from various disciplines.
Investigations prior to the settlement proposal
The investigation would have involved, among others, cardiac surgeons, cardiologists, anesthesiologists, and forensic doctors. Azienda dei Colli emphasized that the investigation would serve to examine the scientific and legal aspects of the case before formulating the financial proposal subsequently accepted by the family.
Monaldi: "The agreement is not an admission of liability."
The hospital emphasizes one point in particular: the compensation agreement does not constitute an admission of liability . According to its lawyers, the settlement is the result of a comprehensive assessment of the risks associated with a potential civil lawsuit and the need to protect the public entity and its resources.
Compensation calculated according to the reference criteria
The company further explained that the parameters used to determine the compensation would be calculated in accordance with current regulations and national case law. The objective, according to the statement, was to identify a sum deemed fair and appropriate given the situation and the individuals involved.
The final agreement will be signed in September
The transaction is expected to be formally signed in September . The exact signing date has not yet been determined. The final signing will complete the out-of-court settlement between Azienda dei Colli and the Caliendo-Mercolino family, avoiding the need for a lengthy civil lawsuit.
Confidentiality on the agreed amount
The exact amount of compensation has not been made public. The family and the Colli company have signed a confidentiality agreement regarding the amount , thus preventing the rumors circulating about the amount from being considered official. Petruzzi himself clarified that he could not disclose the amount, but simply described it as satisfactory.
Estimates on the possible figure
According to reconstructions based on the tables normally used for the liquidation of damages, including those drawn up by the Court of Milano, the amount could be just under one and a half million eurosHowever, this is an estimate and not the officially agreed-upon figure, which remains confidential. The family's lawyer's initial request was reportedly three million euros.
Six family members among those entitled
A total of six people are considered for compensation: Domenico's parents, the child's siblings, and two grandparents. The settlement will allow the family to waive the civil litigation against the company and other interested parties, but will not affect their right to participate in the criminal proceedings.
The family is ready to join the civil action
Attorney Petruzzi explained that the parents intend to join the criminal proceedings as a civil party , with the aim of contributing to the determination of any personal liability. The lawyer also clarified that the family never intended to call into question the entirety of the Colli Hospital, which they described as a healthcare facility of excellence.
The hope that the company will also participate in the process
The family's lawyer also expressed the hope that Azienda dei Colli will be "at their side as a civil party in the criminal proceedings." This prospect was also echoed by Patrizia Mercolino, who said the parents' true goal now is to proceed to trial and obtain a complete judicial reconstruction of what happened to their son.
The Colli Company is evaluating possible recourse actions
The hospital has announced that it reserves the right to take recourse and action for damages against those who are definitively identified as responsible , should the legal requirements be met following the investigations and legal proceedings.
The hospital's closeness to the Caliendo family
In its statement, the Colli Hospital also reiterated its "feelings of respect and closeness to the family," referring to the profound pain caused by the child's death. The financial agreement thus closes part of the matter, while the judicial investigation into the facts remains open.
Domenico's story and his transplant to Monaldi Hospital
Domenico Caliendo, suffering from severe dilated cardiomyopathy , underwent a heart transplant on December 23, 2025, at the Monaldi Hospital in Naples. The organ came from a four-year-old donor and was transported from Bolzano to Naples.
Investigations into the condition of the organ
One of the key aspects of the investigation concerns the conditions in which the heart was preserved and transported. Based on the evidence emerging from the investigation, checks were conducted on the organ's preservation methods and the use of ice during transport, as well as its condition upon arrival in Naples.
The attempt to save the child
After the transplant, Domenico's condition remained extremely serious. Doctors attempted to keep him alive with available therapies, but his clinical condition prevented recovery. He died on February 21, 2026 , almost two months after the operation performed at Monaldi Hospital.
The investigation by the Naples Prosecutor's Office
The Naples Public Prosecutor's Office has opened criminal proceedings in the matter , alleging various charges related to the child's death. The investigation involves seven hospital professionals and will determine through trial whether the alleged conduct played a role in Domenico's death.
The measures against two doctors
As part of the investigation, prohibitions were issued against Guido Oppido and Emma Bergonzoni , for twelve and seven months, respectively, in relation to charges of complicit material and ideological forgery. The two professionals participated in the transplant operation performed on December 23, 2025.
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