Medical Malpractice – Botched tubal ligation results in childbirth

$871,298.90 verdict

Injuries alleged: Wrongful conception following tubal ligation

Name of case: Patton v. Cook

Court: Washington County Circuit Court

Case no.: CL18-404

Tried before: Judge

Name of judge: Judge Eric R. Thiessen

Date resolved: May 8, 2026

Amount: $871,298.90

Attorneys for plaintiff: Charles H. Smith III and Frank M. Clay, Roanoke, Gentry Locke Attorneys

Case description: The plaintiff, a Washington County woman, underwent a tubal ligation performed by the defendant obstetrician on Feb. 18, 2016. The defendant misapplied Filshie Clips across the fallopian tubes during the procedure, and the plaintiff subsequently learned she was pregnant. She delivered a healthy child. She filed a wrongful conception suit in February 2018 against the defendant and his practice.

During discovery, the defendant claimed that he obtained intraoperative imaging depicting appropriate placement of the clips. However, neither the hospital nor the defendant’s practice had any such record. The defendant then produced images of textbook placement of the clips upon which his experts relied to support their standard of care opinions. The plaintiff’s team discovered these images were taken from manufacturer’s promotional materials for Filshie Clips.

On Jan. 24, 2025, the Washington County Circuit Court entered an order imposing sanctions against the defendant physician for attempted fraud upon the court. Among other sanctions, the court entered liability against the defendant, leaving only damages for trial.

The Washington County Circuit Court conducted a bench trial on damages on May 8, and entered judgment for $540,000, plus prejudgment interest at the statutory rate of 6% per annum from Feb. 18, 2016, plus costs. The plaintiff’s medical specials were $63,757. Together with prejudgment interest of $331,278.90, the total judgment as of the date of entry was $871,278.90.