Veteran suffered bowel perforation from IUD obtained at VA — $500,000 settlement

Type of action: Federal Tort Claim Act

Injuries alleged: Bowel perforation during removal of IUD resulting in tubal ligation and client’s inability to bear any more children.

Court: Federal Tort Claim relating to care provided by the VA in Hampton. 

Date resolved: 12/21/2020

Verdict or settlement: Settlement

Amount: $500,000

Attorney(s) for plaintiff (and city): Brewster S. Rawls and Glen H. Sturtevant, Richmond

Plaintiff’s experts: Leonard W. Aamodt, M.D., FACOG

Description of Case: This 36-year-old veteran came to the Hampton VA for birth control, something quite routine. She opted for placement of an IUD, again something that was not out of the ordinary.

The client clearly recalled that the IUD was placed by a nurse practitioner in training. That was disclosed and she was supervised by another NP. Interestingly, however, the note for the procedure made no mention of this.

Six days later, the veteran returned with complaints of sharp, cramping pain in her abdomen, a “poking pain” and a sensation of movement of the IUD. On examination, the nurse practitioner was unable to see the IUD strings. A stat ultrasound found that the IUD had migrated and would need to be removed surgically. The veteran was sent to see a GYN and, after another six days, she underwent surgery to remove the device. According to the records, the procedure went well, and the patient was discharged home.

The next day, the veteran was not feeling well and went to a private hospital. She was evaluated and referred back to the VA, where she was admitted for treatment. By then she had clear peritonitis and underwent extensive surgery. She had a tough time in the hospital and continues to have issues associated with this event. She also cannot have any more children because during the surgery a tubal ligation needed to be done.

The VA’s defense was that what happened was just a complication, albeit a bad one. However, plaintiff’s expert was able to show that, among other things, the GYN likely used excessive force in removing the IUD and that is how the bowel was perforated in a place one would not expect. It was also noteworthy that the surgeon’s note did not indicate that he did an inspection of the bowel.

[021-T-013]

EDIT (11/9/2021): The settlement reported above was erroneously listed as a verdict. Virginia Lawyers Weekly apologizes for the error.