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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.
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