Medical Negligence - During a laparoscopic cholecystectomy, a surgeon clipped plaintiff=s bile duct; the injury was not detected until several weeks later
Collins v. Johnson, 02 CV 0198
Plaintiff: Roger N. Braden and Derek D. Humfleet, Sutton Hicks Lucas Grayson & Braden, Edgewood
Defense: David G. Gazak and Donald W. Darby, Darby & Gazak, Louisville
Verdict: $150,000 for plaintiff
USDC: Louisville, J. Heyburn,
12-4-03
It was 4-15-01 and Belynda Collins, age 43 and of Cleveland, OH, was passing through Kentucky. She was a passenger on a tour bus that was going from Cleveland to the gambling boats in Tunica, MS. In Elizabethtown Collins fell ill with stomach pain and was taken to Hardin County Memorial Hospital.
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There she was evaluated by a surgeon, Marshall Johnson. Collins= work-up revealed a 1.2 cm gallstone. The next day Johnson performed a laparoscopic cholecystectomy. It was apparently uneventful and Collins was released three days later.
Returning home to Cleveland, Collins was back in the hospital with gastric pain. It was learned that Collins had suffered an injury to her common bile duct. The next day a surgical repair was undertaken. Collins remained in the hospital for seven more days. Beyond the complication of an additional surgery, Collins also permanently has a risk of bile duct complications.
In this diversity lawsuit, she alleged negligence by Johnson in clipping the bile duct during the initial surgery. Her liability expert, Dr. A.R. Moosa, Surgery, San Diego, CA, called it a clear case of res ipsa -- in Moosa=s mind, Johnson did too much clipping. The expert explained that Johnson should have converted to an open procedure. Also identified on liability for Collins was Dr. William Schrimer, Surgery, Dublin, OH. If Johnson prevailed, she sought damages in two categories, (1) past and future medicals, and (2) past and future suffering.
Johnson defended the case and called the injury a known and recognized complication, one that can and does occur in the absence of negligence. His liability experts were Dr. Larry Micon, Surgery, Indianapolis, IN and Dr. George Kerlakian, Surgery, Cincinnati, OH.
As the case was deliberated, the jury had a question for Heyburn. It demanded: We want a verifacation [sic] of the past medicals. Heyburn responded that they were already verified. The jury also asked: How much was paid by insurance? To this query, Heyburn answered that this was not to be considered.
Back with a verdict it was for Collins, the jury awarding her $22,000 for past and future medicals. She also took $128,000 for past and future suffering, the verdict totaling $150,000. A consistent judgment followed.