DRI member Timothy J. Gearin of Armstrong Teasdale LLP in St. Louis teamed with a colleague recently to obtain a defense verdict on behalf of an OB/GYN in a medical negligence case. The defendant performed a hysterectomy on the plaintiff, during which two holes were inadvertently made in the bladder.
The holes were repaired by the defendant in the operating room but the plaintiff had to have a Foley catheter in place for three weeks to allow the holes in the bladder to heal. The plaintiff then leaked urine from her vagina. A vesicovaginal fistula had developed between her bladder, in the area of the hole repairs, and her vagina. The fistula allowed urine to leak from her bladder into her vagina and thereby rendered her incontinent. She was required to have another surgery to fix the fistula, and was required to wear a catheter for several additional weeks to allow the bladder to heal. She complained of pain, lost wages and medical bills.
The plaintiff claimed the doctor was negligent in repairing the second hole in the bladder. She also claimed the doctor should have refilled the bladder after repairing the second hole to check for water tightness, and that these acts caused the plaintiff to develop a vesicovaginal fistula between her bladder and vagina.
The defendant contended that the vesicovaginal fistula between the bladder and vagina was unrelated to the repair of the second hole in the bladder. Defense counsel also argued that injuries to the bladder and development of fistulas were known complications of the hysterectomy procedure.
The jury returned a unanimous verdict in favor of the defendant physician after deliberating for approximately 30 minutes.
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