Recent Verdicts and Settlements (Continued from page 52)


$400,000.00 in medical expenses and has been left with a permanent partial disabil- ity, including limited function. Plaintiff must wear a two inch shoe lift as a result of resultant leg length discrepancy


Expert Witnesses Plaintiff: 1. Ronald J. Ross, Solomons, MD, 2. James Noble, M.D., Concord, NH (Infectious Disease), 3. Nancy Lenaghan, Spring Lake, NJ (Nursing)


Defendant: 1. Richard Bennett, M.D., Baltimore, Maryland (Geriatrics), 2. Ri- chard Berg, M.D., Lurtherville, MD (Infectious Disease)


Verdict: $1.3 million


Plaintiff*s Counsel: John F.X. Costello, Esquire*, McCarthy & Costello, LLP,


4201 Northview Drive, Suite 410, Bowie, MD 20716, (301) 262-7422 - Phone (301) 262-0562 - Fax *MTLA Member


Defense Counsel: Jonathan E. Goldberg, Esquire, Baxter, Baker, Sidle & Conn 120 E. Baltimore Street, Suite 2100 Baltimore, MD 21202, (410) 230-3800 - Phone, (410) 230-3801 - Fax


______


Party names, case number, defense counsel and substantial settlement amount withheld pursuant to confidentiality agreement.


Description: Negligent Bariatric Surgery Procedure for Obesity and Post-Opera- tive Care Resulting in Sepsis and Eventual Death – Pre-Trial Settlement in Maryland. Plaintiff ’s decedent, a 52 year-old resi-


dent of Montgomery County, retired from the FDA in 1998 with multiple opportu- nities for a lucrative post-FDA career as a consultant. As part of her transition pro-


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M307 1STA


cess from the public to private sector, she submitted to bariatric surgery for weight control. Despite advertising the use of NIH approved procedures and obtaining plaintiff ’s consent to same, the defendant performed a procedure modified from the early experimental work of Italian surgeon Nicola Scopinaro, M.D. Post operatively, methylene blue dye appeared in the Jack- son-Pratt drain indicating the presence of an anastomotic leak. Abnormal lab val- ues appeared on post-op day two with a notably high white blood count. The leak began to do damage on post-op day three, demonstrated by high spiking fevers to 102.5 degrees and persistent abnormal lab values. By post-op day five, plaintiff ’s de- cedent showed textbook signs and symptoms of sepsis including white blood count with bandemia, dropping platelet count and glucose intolerance. For four days no labs were ordered while the decedent’s infection advanced. On post- op day fourteen, an exploratory laparotomy was performed and a necrotic bowel discovered. Plaintiff ’s decedent died the following day. The plaintiff contended that the defendant surgeon breached the standard of care by performing outdated and/or experimental surgery and further, that the performance of the surgery itself was technically deficient. Plaintiff also argued that the defendant mismanaged the decedent’s post-surgical care appropri- ately by failing to diagnose and perform corrective surgery to remedy the anasto- motic leak. The anastomotic leak could have timely diagnosed by ordering indi- cated CT scans, laboratory studies and physician consults. The defendant denied all of the plaintiff’s allegations and claimed he acted within the standard of care.


Court: Montgomery County, Maryland Circuit Court


Expert for the Defendant: S. Ross Fox, M.D., general surgery, Sumner, Washing- ton, George S. M. Cowan, Jr., M.D., general surgery, Memphis, Tennessee


Case Outcome: Pre-trial settlement


Plaintiff ’s Counsel: Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., Rockville Maryland, Edward L. Norwind, Esquire, Henry H. Bartlett, Esquire


______


Superior Court of the District of Colum- bia.


Outcome: Confidential Settlement. 54 Trial Reporter Winter 2003


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