Mary Kay Scott and Christopher Leach Obtain a Defense Verdict on a Medical Negligence case
Mary Kay Scott and Christopher Leach represented a defendant gynecologist and her corporation in a lawsuit involving a gynecologic procedure to surgically remove a gluteal cleft condyloma with the use of a Plasmajet device. The Plasmajet is a thermal device which the gynecologist had used before the surgery for condyloma removal. The day surgery occurred at Advocate Christ Medical Center on June 29, 2016, and plaintiff was a 56-year-old woman at the time of treatment. The physician had not seen the patient since 2008, and saw her on referral from the patient’s primary care physician. The condyloma was large and on both sides and into the gluteal cleft. The condyloma was round, raised 2 mm. above the skin, and darker than the patient’s skin in the buttocks area. There was no dispute that the condyloma should be removed, due to the potential to become cancerous. Plaintiff claimed a delay in healing and a thermal injury wound that was larger than the condyloma after the surgery. The defendant gynecologist, as well as plaintiff and defendant opinion gynecology witnesses who testified agreed the use of the Plasmajet, or any other device such as CO2 laser would result in a thermal burn wound after surgery. Plaintiff after surgery was admitted to Advocate Christ Medical Center for antibiotic treatment and wound care on July 8, through July 11, 2016, and had out-patient home wound care to October 22, 2016, when she was discharged from home wound care. The wound physician discharged her from wound care on November 9, 2016. The plaintiff had no further wound care treatment to the present in the area of the gluteal cleft. She was not on any prescription pain medication after the treatment ended, and went back to full time work as a registered nurse and has continued to work full time. The plaintiff went back to her usual activities.
The plaintiff’s sole allegation was that the gynecologist applied excessive thermal energy to the location resulting in an injury. The plaintiff requested the jury to award $1,175, 216.11. The itemized verdict award against the defendant gynecologist was in the amount of $395,216.11. The amount awarded as damages were for: past and future pain and suffering: $165,000, loss of normal life: $8,000, emotional distress: $20,000, disfigurement: $5,000, and the remainder was for medical bills of $59,784.91, and lost wages of $65,431.20, which were stipulated to in order to avoid multiple witnesses being called merely to confirm these items of damages. The parties entered into a high/low agreement, and the jury verdict was between the low and the high, and therefore plaintiff was awarded the jury verdict.