Medical Malpractice – Confidential Settlement
Botched abdominal laparoscopic hysterectomy performed with Da Vinci Robotic System, resulting in ureter being stitched closed. As a consequence, plaintiff suffered an onset of obstructive uropathic hydronephrosis and right sided pyelonephritis and kidney infection caused by ureter blockage. Plaintiff continues to suffer recurrent bladder infections, right sided pain and concurrent pyelonephritis.
Plaintiff underwent abdominal laparoscopic hysterectomy, in which Defendant stitched closed Plaintiff’s ureter. Defendant failed to note post-surgical signs of urinary tract injury, including increased creatinine, decreased creatinine clearance, right abdominal and flank pain. Two days after discharge, Defendant finally recognized signs of post-surgical complications including obstructive uropathic hydronephrosis and right sided pyelonephritis and kidney infection caused by ureter blockage. Subsequent ER surgery to address the blockage revealed the ureter had been sutured closed.
At trial before Judge Briscoe, Defendant received a defense verdict from the jury. Jerry brought a Motion for JNOV, stitching together the testimony of the testifying experts to establish that, based upon where the ureter was found to be stitched closed, (next to the bladder), and where Defendant admitted to stitching, that Defendant was below the standard of care as there was no reason for him to be there during the subject surgery. Judge Brisco granted the JNOV, and ordered a new trial on damages alone. Following extensive post-JNOV motions, the matter settled for a confidential amount.