Defense Verdict

Following a two-week trial, we obtained a unanimous defense verdict in favor of our client, an obstetrician/gynecologist who performed a hysterectomy and bilateral salpingo-oopherectomy on the then 44-year-old plaintiff. She claimed to have developed Complex Regional Pain Syndrome as a result of that procedure leading to substantial neurological and pain management treatment, total incapacity from employment, and future surgical implantation of a spinal nerve stimulator. The plaintiff contended that our client negligently performed the hysterectomy and failed to obtain her informed consent. Plaintiff’s expert testified that the surgical incision extended too far to left thereby causing a self-retaining retractor to be improperly placed to the left of midline. As a result, the blade of the retractor stretched or compressed the plaintiff’s femoral nerve, lateral cutaneous nerve, and genito-femoral nerve on her left side causing significant damage to those nerves. Through our expert and our client, we established that the retractor was both properly placed and remained midline by virtue of the abdominal muscles and that our client took all of the appropriate steps to prevent nerve damage. We also established that our client properly obtained plaintiff’s informed consent for the procedure.