Virginia Lawyers Weekly//July 11, 2016//
Virginia Lawyers Weekly//July 11, 2016//
Plaintiff, age 50 and disabled, underwent a laparoscopic cholecystectomy. During the procedure, the defendant surgeon transected her common bile duct and right common hepatic duct. Plaintiff’s injury was not recognized until 10 days post-operatively as she continued to recover in the hospital with complaints of nausea and vomiting, tachycardia and eventually abdominal distention. Defendant asserted that this was a recognized complication that may occur in the absence of negligence, and that her underlying lupus had contributed to recognizing her post-operative symptoms were caused by her common bile duct transection. Plaintiff required a Roux-en-Y procedure to repair her biliary injuries. Plaintiff had an excellent recovery without cholangitis, stricture or other sequelae, but experienced tightness and pain in the area of her permanent abdominal scarring. Plaintiff alleged that the defendant surgeon failed to use a proper surgical technique to identify the anatomy (critical view of safety), failed to utilize intraoperative cholangiography, and was negligent in failing to recognize the injury until approximately 10 days postoperatively. The case resolved approximately one week before trial.
[16-T-094]
Type of action: Medical malpractice
Injuries alleged: Common bile duct injury from laparoscopic cholecystectomy
Name of case: Doe v. Roe
Date resolved: March 24, 2016
Special damages: Approximately $258,000 in medical expenses
Verdict or settlement: Settlement
Amount: $700,000.00
Attorney for plaintiff: Jonathan L. Thornton, Norfolk