Medical Malpractice-Patient dies following blood loss in surgery

$2.05 million settlement

Injuries alleged: Failure to properly perform a robotic-assisted sleeve gastrectomy surgery, resulting in death

Date resolved: May 1, 2026

Amount: $2.05 million

Attorneys for plaintiff: Travis W. Markley, Richard L. Nagle and Heather E. Zaug, Reston, TrialHawk Litigation Group

Description of case: In 2023, the decedent, a 68-year-old man, underwent a planned robotic-
assisted sleeve gastrectomy surgery. The general surgeon defendant initially obtained laparoscopic access to the decedent’s abdomen via a 12-millimeter Optiview trocar. Shortly after placement of the initial trocar, the surgeon observed intra-abdominal bleeding, noting “quite a bit of blood in the pelvis,” although she initially identified “no obvious source of bleeding or injury.” The surgeon proceeded to place three additional 8-millimeter ports, placed the liver retractor to visualize the stomach and docked the robotic system.

While utilizing the robotic system, the surgeon suctioned approximately 300 to 400 milliliters of blood, used a grasper to elevate the mesentery, and identified what she described as “a small tear in the retroperitoneum with dark blood consistent with a bleeding vein.”

During this process, the surgeon also recognized that she caused an injury to the decedent’s small bowel while using the robotic grasper. The surgeon decided to abort the robotic sleeve gastrectomy and converted to an open exploratory laparotomy. The surgeon suture-ligated the area of the retroperitoneum that she identified as injured, which she noted “appeared to stop the bleeding,” and she repaired the small bowel injury with sutures. The decedent sustained an estimated blood loss of approximately 2.5 liters during the procedure. At the conclusion of the procedure, the decedent remained intubated, and he was taken to the post-anesthesia care unit in postoperative hypovolemic shock.

Shortly thereafter, the decedent was emergently transferred to the intensive care unit at another hospital. Upon arrival, the decedent was hemodynamically unstable, requiring multiple vasopressors, and was tachycardic and in profound shock. The decedent was placed on a massive transfusion protocol. A CT angiogram of the chest, abdomen and pelvis was performed, which demonstrated “active bleeding into a hematoma within the mesentery, likely from a branch of the [superior mesenteric artery].” An interventional radiologist performed an emergency embolization and stent placement, identifying injuries to the superior mesenteric artery, superior mesenteric vein and portal vein. Despite the radiologist’s efforts, the decedent remained critically ill. He ultimately died.

The claims against the general surgeon defendant were resolved for $950,000. Two weeks prior to trial, the general surgeon defendant’s former employer separately settled the remaining vicarious liability claim for $1.1 million. The court approved the wrongful death settlements on Jan. 1, 2026, and May 1, 2026, respectively, resulting in a combined recovery of $2.05 million for the decedent’s estate and his statutory beneficiaries.