Virginia Lawyers Weekly//October 14, 2019
Virginia Lawyers Weekly//October 14, 2019//
Plaintiff alleged negligence against a defendant radiologist regarding the interpretation of a CT scan without contrast on May 14, 2017. Specifically, plaintiff alleged that the defendant radiologist was negligent in failing to report findings consistent with a small bowel obstruction (SBO). Plaintiff returned to a nearby hospital two days later, on May 16, 2017, and underwent another CT scan. Upon second examination, plaintiff was diagnosed with a mesenteric volvulus, which had developed into necrosis. Plaintiff was transferred to the University of Virginia and underwent a small bowel resection surgery. Plaintiff alleged she developed short gut syndrome as a result of bowel resection surgery and the delayed diagnosis.
On May 14, 2017, plaintiff presented at Fauquier Hospital emergency department with complaints of flank pain. She informed the hospital personnel that she had previously been diagnosed with kidney stones. A CT scan without contrast was taken of her abdomen and pelvis and the defendant radiologist found that plaintiff had kidney stones. The defendant did not find that plaintiff had an obstructed volvulus, bowel dilation or swirling of the bowel. The defendant also found that plaintiff had no significant bowel obstruction and no evidence of mechanical bowel obstruction. This study was compared to a previous study dated July 18, 2013, also taken at Fauquier Hospital.
Two days later, on May 16, 2017, plaintiff presented at Culpeper Medical Center with an indication of lower abdominal pain and nausea, vomiting and diarrhea. A CT scan with contrast was ordered and taken of her abdomen and pelvis. The same defendant radiologist covering for Culpeper that day found that plaintiff had kidney stones and “marked wall pneumatosis consistent with bowel necrosis” and “extraluminal air within the mesenteric veins and the mesentery distal to the level of malleolus,” or air in the wall, bowel death and a volvulus. This study was compared to the previous study dated April 21, 2017, also taken at Culpeper Medical Center. Defendant radiologist called the report to the emergency room physician before finalizing his report.
Plaintiff was transferred to the University of Virginia Medical Center and underwent surgery on May 16, 2017, and again the next day. She was discharged on May 26, 2017. Plaintiff alleged she developed short gut syndrome as a result of the small bowel resection.
Following two and half days of testimony and approximately four hours of deliberation, the jury returned a unanimous verdict on behalf of the defendant.
Type of action: Medical malpractice
Injuries alleged: Short gut syndrome as a result of a small bowel resection surgery.
Court: U.S. District Court – Alexandria
Tried before: Jury
Name of judge: Judge Leonie M. Brinkema
Date resolved: Aug. 30, 2019
Special damages: $198,649.25
Demand: Ad damnum was $10 Million
Verdict or settlement: Defense verdict
Attorneys for plaintiff: Scott M. Perry and Anastasia Uzilevskaya, Arlington
Attorneys for defendant: Elizabeth Guilbert Perrow and Joshua F. P. Long, Roanoke