Virginia Lawyers Weekly//April 3, 2023
Type of action: Medical malpractice
Injuries alleged: Right ureteral injury
Date resolved: 3/16/2022
Verdict or settlement: Settlement
Amount: $330,000
Attorney for plaintiff: Mark J. Favaloro, Virginia Beach
Description of case: Plaintiff, age 51, went to see the defendant gynecologist with complaints of urinary retention and abdominal pain, and was diagnosed with primary rectocele and submucous leiomyoma of the uterus.
Thereafter, a Davinci Assisted Robotic Hysterectomy was planned. The procedure was performed without apparent complication and the plaintiff was discharged on the day following the procedure.
Plaintiff returned to the defendant’s office approximately six days post-operatively complaining of nausea, vomiting, high temperature and decreased voiding. A CT scan confirmed the presence of fluid in the plaintiff’s abdomen and hydronephrosis. It was ultimately determined that the plaintiff’s right ureter had been damaged during the hysterectomy and was leaking urine into her abdomen.
A catheter was placed and approximately a month thereafter later the plaintiff’s right ureter was re-implanted into her bladder with a Psoas Hitch procedure.
The plaintiff has suffered no serious complications since the re-implantation surgery.
Mark J. Favaloro, plaintiff’s attorney, provided case information. [022-T-206]