Medical Malpractice

Bladder, Colon and Intestine Perforated During Hysterectomy, Leaving Young Woman with Permanent Incontinence and Unable to Work

Client Expectation: $250,000
Insurance Company Offer: Denied
Snow Law Firm Settlement: $2,300,000

Case Description 

On September 28, 2014 a female patient underwent a laparoscopic vaginal assisted hysterectomy during which the OBGYN surgeon chose to manually bivalve a sixteen (16) week fibroid uterus, a procedure she had not conducted previously. She developed sepsis and peritonitis and underwent an exploratory laparotomy on October 1, 2014. She suffered a perforation of the bladder, multiple perforations of the small intestine and rectosigmoid colon and an injury to her ureter.

This woman was required to undergo multiple subsequent surgeries, was required to live with an ileostomy bag for nine (9) months and was left with permanent urine incontinence which required the implantation of a bladder pacemaker and necessitates transurethral Botox injections into the detrusor muscle of the bladder three (3) to four (4) times per year and must also catheterize herself four (4) to five (5) times a day for the rest of her life. This is considered a 16%-40% permanent impairment of the whole person. She realized $250,000 in lost wages, $985,000 in loss of earning capacity, $422,000 in past medical expenses and $657,000 in future medical expenses.

Legal Issues

She (plaintiff) sought damages under G.L. c. 93A and c. 176D for the defendant insurer’s denial of her claim based on expert opinion, significant portions of which were deemed inadmissible pursuant to the defendant’s challenge. The defendant insurer failed to make an unconditional tender of the liability policy limit within the thirty (30) day 93A required response period.

Outcome

A settlement in the amount of $2,300,000 plus attorney fees was awarded on the eve of jury empanelment.