Virginia Lawyers Weekly//April 30, 2018
Virginia Lawyers Weekly//April 30, 2018
Plaintiff underwent sigmoid resection surgery by defendant surgeon for acute diverticulitis. Plaintiff alleged that the defendant negligently transected her ureter, the urinary duct between the kidney and bladder. Plaintiff’s experts opined that the defendant should have identified, and if necessary, dissected out the left ureter to protect it. Plaintiff’s experts also opined that the defendant left a portion of sigmoid behind which then led to a hospitalization for recurrent diverticulitis. Defendants’ experts argued that identification of the left ureter was too risky in the severely inflamed and infected surgical field. Rather, it was prudent to stay close to the colon with the surgical dissection. Defendants’ experts argued that it was appropriate to remove only the diseased portion of the sigmoid and that plaintiff had not experienced any recurrent diverticulitis.
[18-T-032]
Type of action: Medical Malpractice
Injuries alleged: Transected ureter and recurrent diverticulitis
Name of case: Confidential
Court: Richmond Circuit Court
Case no.: CL16-5284
Tried before: Judge
Name of judge or mediator: Judge Bradley B. Cavedo
Date resolved: March 29, 2018
Special damages: $550,000
Demand: $1,800,000
Verdict or settlement: Defense Verdict
Attorneys for defendant: Robert Donnelly and Robyn Ayres, Richmond
Plaintiff’s experts: Aaron Chevinsky, M.D. – general surgeon – Wisconsin; Michael Hellinger, M.D. – colorectal surgeon – Florida
Defendant’s experts: L.D. Britt – general and acute care surgeon – Norfolk; Scott Hockenberry, M.D. – general and acute care surgeon – Ohio
Insurance carrier: The Doctors Company