Jordan Bondurant//June 30, 2019
Jordan Bondurant//June 30, 2019//
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.
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)