Wife of SA icon Vili Milisits sues hospitals, neuropsychologist for his ‘wrongful death’, claiming misdiagnosis blocked transplant

News of his death broke hearts across the nation – but Vili Milisits’ wife says he could have lived if not for the negligence of two hospitals and a doctor. The doctor denies the claim.

Iconic baker Vili Milisits was denied a potentially lifesaving lung transplant because he was misdiagnosed with cognitive issues while he was hungry, exhausted and struggling to breathe, a court has heard.

Vili’s wife, Rosemary, has accused SA health authorities, a Victorian hospital and neuropsychologist Andrew Rothwell of negligence and wrongful death.

In untested allegations contained in a Supreme Court statement of claim, she alleges The Alfred in Melbourne rejected Vili for a transplant after Dr Rothwell “wrongly identified” her husband as suffering Alzheimer’s disease.

Vili Milisits at his factory in Mile End on its 50th anniversary. Picture: Calum Robertson

Dr Rothwell, she alleges, confirmed an earlier and erroneous cognitive test conducted when Vili was potentially hypoxic, having “not eaten since breakfast” and “unable to access” supplementary oxygen needed for his lung issues.

The misdiagnosis, she said, was not corrected until months later – by which time Vili had missed the “limited window” in which a transplant could be successfully conducted.

SA authorities and The Alfred have yet to respond to the lawsuit, but Dr Rothwell has denied Mrs Milisits’ accusations.

He said he carried out Vili’s assessment “with due care and skill”, and that assessing a patient’s oxygen levels is “outside the scope of his duties and experience”.

Vili and Rosemary Milisits. Picture: Keryn Stevens

Vili, whose products made him a household name across Australia, died on March 26, 2021, following a lung transplant operation at St Vincent’s Public Hospital in Sydney.

St Vincent’s is not a party to the lawsuit, nor the subject of any allegations of negligence or wrongful death.

Mrs Milisits’ statement of claim says Vili had lung infections, viruses, scarring, “constant coughing” and pneumonia late in life.

It says that, by June 2020, he was only “able to walk for 100m” on a flat surface provided he “had supplementary oxygen”.

A transplant was recommended, it says, but there was a “limited window of opportunity, from 15 March 2020 to 20 October 2020” in which it could be carried out.

It says The Alfred agreed to perform a lung transplant pending pre-surgical assessment in an SA hospital, including cognitive testing – which Vili was deemed to have failed.

Vili and wife Rosemary in their late teens. Picture: Supplied

“Vili was tested at 3.30pm when he’d had nothing to eat or drink since breakfast, was exhausted and was unable to access supplementary oxygen,” it says.

The Central Adelaide Local Health Network, it says, then referred the couple to Dr Rothwell for further assessment on June 29, 2020.

“Mrs Milisits advised him she was surprised to see Vili’s (earlier) test results and wondered whether this was because he was not well and low on oxygen,” it says.

“Dr Rothwell noted Vili was out of breath, observed some hyperventilation on some tasks (and) that he was unable to continue because he was finding it difficult to concentrate.

“He made assumptions that Vili’s oxygen levels were reasonable.

“He concluded the profile was suggestive of Alzheimer’s disease and that he could find no other obvious explanation for the reduced (cognitive) scores.”

The document says The Alfred rejected Vili’s transplant in August 2020, citing Dr Rothwell’s report.

Vili was wrongly diagnosed as being cognitively impaired, the lawsuit alleges. Picture: Calum Robertson

It says subsequent testing by another doctor, in October 2020, found Vili was without cognitive impairment.

His earlier testing, that doctor allegedly found, could be explained by lack of oxygen and Vili’s “limited childhood education”.

A new transplant was arranged at St Vincent’s, but it was outside the “limited window” and Vili died following the operation.

“Dr Rothwell failed to ensure the assessment was carried out in a proper and professional manner,” the document alleges.

“He misdiagnosed Vili’s condition, erred in finding there was no other obvious explanation (and) erred in assuming his oxygen levels were reasonable at the time.”

The Alfred and the Local Health Network have yet to file defences to Mrs Milisits’ claim.

In his defence papers, Dr Rothwell denies all liability, saying Vili was offered breaks and the opportunity to be tested over two days, but declined.

The case continues.