Trial Partner John M. Bugliosi and Senior Associate Adam T. Brown obtained a defense verdict on behalf of MCB’s clients, a general surgeon and a large multi-specialty medical practice group. The plaintiff was diagnosed with rectal cancer and our client general surgeon performed a low transverse resection of her rectum after a course of chemotherapy and radiation. During surgery an end-to-end anastomosis of the rectum was performed, which avoided the need for an ostomy. Unfortunately, the plaintiff developed a leak at the site of the anastomosis post-surgically. At trial we asserted anastomotic failure is a known risk of this procedure, of which the plaintiff was fully informed, and was not evidence of medical malpractice. After the leak was discovered, our client opted for a conservative treatment approach, i.e., not to perform an additional procedure, which would have involved two major surgeries, the first to create an ostomy to allow for healing of the rectum at the site of the anastomosis and then a second procedure to re-anastomose the rectum. Since there was no evidence of a systemic illness as a result of the leak, which appeared to be contained, our expert testified at trial that not performing surgery was a perfectly appropriate option due to the body’s ability to “wall-off” the area and prevent any future adverse consequences. Our client general surgeon monitored the plaintiff for a year post-surgically, after which the plaintiff chose not to return for further monitoring. Plaintiff then returned two years later, at which time it was discovered the leak had caused an abscess which plaintiff claimed resulted in osteomyelitis. At this point surgery was required. After a little over three hours of deliberation, the jury delivered a verdict in favor of MCB’s clients.