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Case #4062 Surgical Error


The Plaintiff was a 48-year-old woman who had previously undergone gastric bypass surgery. Several years later she developed a stricture at the gastrojejunostomy site. She was taken by the Defendant to surgery to revise the anastomosis. When the Defendant attempted to create a new anastomosis, he connected the esophagus to the gastric remnant instead of the gastric pouch. As such, the Plaintiff was left in discontinuity. Following surgery, she became critically ill and she was transferred to an outside hospital. Shortly after arrival she underwent an exploratory surgery. During that operation, the discontinuity was identified and repaired.

The Plaintiff remained hospitalized for approximately one month. She was discharged from the hospital on TPN and she required a prolonged period of recuperation. She is currently experiencing problems with constipation, bloating and diarrhea. Furthermore, she has developed an absorption deficiency which requires treatment. The case was settled for $925,000 (policy limits were $1,000,000) prior to the start of expert discovery.

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