|
News - Verdicts/Successes
Announcements
|Verdicts/Successes
Mark Perry obtains defense verdict in federal court for OB-GYN.
The Plaintiff was a thirty-four year old woman who
had significant gynecological problems, including a
uterovaginal prolapse and bilateral paravaginal defects.
On 7/25/00, the gynecological surgeon performed extensive
pelvic surgery including a total abdominal hysterectomy
and sacral colpopexy and paravaginal repair and Burch
retropubic urethropexy.
Following the surgery, Plaintiff started developing
pelvic pain. She was ultimately seen by another gynecologist
who found that the gortex graft had eroded to the top
of the vagina causing an infection. The patient was
diagnosed as having osteomyelitis in the area of her
lower spine, at the level of L5, S1, as a result of
the infection from the erosion of the gortex graft.
The Plaintiffs' experts argue that the Defendant OB-GYN
did not follow the patient appropriately during the
postoperative period. Specifically, the Plaintiff testified
at trial that she saw the gynecologist on numerous occasions
outside of the office, and repeatedly told him of her
pelvic pain. The Plaintiffs also allege that the gynecologist,
who is part of a multi-physician practice, should have
monitored the computerized records of his colleagues
(family physician, gastroenterologist, pain management
specialist) who were following up the patient for postoperative
pain.
The defense asserted that the surgeon performed the
complex surgery appropriately, and that his follow up
met the standard of care. The defense argued that the
gynecologist met the standard of care where there was
no indication in the record that he was aware that she
was having any significant postoperative problems.
Following an eight-day trial, an eight person jury
returned a unanimous verdict in favor of the Defendant.
The jury deliberated the case for a full day and one-half
before reaching its unanimous verdict.
|
