Amy L. Anderson and Christopher A. Leach obtained a not guilty verdict in a medical malpractice case
Amy L. Anderson and Christopher A. Leach defended a gynecologist who performed a robotically assisted minimally invasive myomectomy procedure to remove a patient’s fibroids. Plaintiff, 42, was referred to defendant in June of 2018 by her primary care physician due to abnormal uterine bleeding and multiple fibroids, in order to undergo a minimally invasive gynecological surgery to remove her fibroids. After discussing the risks and benefits of the procedure, the surgery was performed on August 30, 2018 at St. Francis. During the procedure, the plaintiff was in the Trendelenburg and dorsal lithotomy position and the surgery lasted seven hours because of the number of fibroids.
Following the surgery, plaintiff complained of numbness, tingling, and burning pain to her legs and could not move. She was discharged to a rehab facility where she underwent physical therapy and continued to complain of a shooting pain down to her foot. Following her discharge from the rehab facility, she continued doing physical therapy to assist with her ability to walk. At the time of trial, she described a continuing sensitivity to cold in her feet and difficulty with longer walks.
Plaintiff argued that a nerve injury is a preventable risk that happens due to negligence. They opined that plaintiff suffered a nerve compression injury due to the improper positioning of the plaintiff and the length of the surgery. Plaintiff argued both negligence and res ipsa loquitur counts to the jury. Defense argued that a nerve injury is a known complication, which can occur absent negligence. They also argued that the surgical positioning complied with the standard of care and did not cause the plaintiff’s alleged injuries. The defense also provided a special interrogatory to test the general verdict, asking the jury to decide whether the defendant acted as a reasonably careful gynecologist in their care of the plaintiff.
Plaintiffs asked for $3.1 million in damages. The jury deliberated for 5 hours and returned a not guilty verdict, as well as confirming the special interrogatory that defendant acted as a reasonably careful gynecologist in their care of the plaintiff.