Man suffered complications after hemorrhoid surgery – Defense Verdict

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This medical malpractice trial involved complications arising from a hemorrhoidectomy procedure performed on a 53-year-old male resulting in anal stenosis and subsequent placement of a permanent colostomy. Plaintiff alleged that the defendant general surgeon negligently removed excess tissue during the surgery, causing a narrowing of the anal canal and resulting in fecal incontinence. The patient underwent two corrective surgeries to treat his anal stenosis and ultimately opted for a permanent colostomy.

Defense experts testified the surgery was performed reasonably, and that the patient developed a narrowed anal canal due to keloid scarring. Two anal reconstructive surgeries temporarily widened his anus, but he re-stenosed following both surgeries. At trial, the plaintiff was impeached with Facebook posts showing him engaged in recreational activities that were somewhat inconsistent with his claimed damages.

After a four-day trial and two hours of deliberations the Petersburg jury returned a verdict in favor of the defendant surgeon. Plaintiff filed notice of appeal and the petition was denied by the Supreme Court of Virginia in March 2019.

[19-T-077]

Type of action: Medical Malpractice

Injuries alleged: Negligent treatment of hemorrhoids, resulting in surgery and incontinence

Court: Petersburg Circuit Court

Tried before: Jury

Name of judge: Judge Joseph M. Teefey Jr.

Special damages: $191,656.99

Demand: Plaintiff asked for $5,000,000 at trial.

Offer: $750,000 (pre-trial offer) rejected

Verdict: Defense verdict

Attorneys for defendant: Sean P. Byrne and Coreen A. Silverman, Glen Allen

Plaintiff’s experts: Michael Hellinger, M.D. (colorectal surgery); Garry Ruben, M.D. (general surgery); Robert Odze, M.D. (pathology)

Defendant’s experts: Richard Fortunato, DO (colorectal surgery); Donald Colvin, M.D. (colorectal surgery); Daryl R. Fanney, M.D. (radiology); Theresa Swain Emory, M.D. (pathology)

Insurance carrier: Medical Mutual Insurance Company of North Carolina (now Curi)