Verdict Illinois defense verdict. Prior to the verdict, the hospital entered a confidential high/low agreement with the plaintiff.
Did surgeon fail to identify the ureter?
A breast cancer survivor in her 40s tested positive for the familial gene BRCA1, which increased her chance of developing ovarian cancer by up to 70%. To reduce that chance, she chose to have an oophorectomy, which was performed by an ObGyn. Two days after her discharge from the hospital, she complained of flank pain and inability to void. She met the ObGyn in the emergency room, where diagnostic tests confirmed an obstructed ureter. Following five stenting procedures, the patient underwent ureteral reimplantation surgery, which alleviated but did not completely cure her symptoms.
Patient’s claim The ObGyn failed to identify the ureter so as to protect it from injury and also failed to inspect for ureteral injury following surgery. When he could not find the ureter, he should have consulted with another physician to help find the ureter or convert from laparoscopic to open surgery.
Doctor’s defense The injury would have occurred even if the ureter had been identified.
Verdict $500,000 Maryland verdict.